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Supreme Court of India 2024-07-22 allowed

RADHEYSHYAM & ORS vs STATE OF RAJASTHAN & ANR

Bench: 2 — Vikram Nath, Prasanna Bhalakrishna Varale

In Brief

Sellers of property refused to execute a sale deed after receiving advance payment towards an Agreement to Sell. The buyer filed a criminal complaint alleging cheating and misappropriation. The Supreme Court quashed the FIR, holding that mere non-performance of a contract does not constitute cheating or criminal breach of trust. The court found no fraudulent inducement—the transaction was consensual, and the buyer has adequate civil remedies through a specific performance suit. Misusing criminal law to enforce contractual obligations was held to be impermissible; civil disputes must be resolved through civil courts.

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Criminal Law Criminal Procedure Contract Law Cheating and Fraud Criminal Breach of Trust Abuse of Process Civil and Criminal Jurisdiction

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