In Brief
The appellant, as constituted attorney, sold a disputed property on behalf of vendors. The complainant, claiming co-ownership, filed civil suits seeking declaration of his title in 2018, then filed a criminal cheating complaint in 2020 without disclosing the pending suits. The High Court dismissed the appellant's petition to quash the FIR. The Supreme Court allowed the appeal, quashing the FIR. The Court held that cheating under Section 415 IPC was not made out—only a purchaser can complain of deception in a sale deed, not a third party claiming title. Moreover, filing a criminal complaint two years after civil suits, while suppressing their pendency, constitutes abuse of process. The underlying dispute over property title remains civil in nature.
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