In Brief
The Supreme Court quashed an FIR lodged over a property dispute involving an Agreement to Sell. The appellants, as owners of the property, had agreed to sell land to the complainant but later refused to transfer it after obtaining higher offers. The Court held that criminal breach of trust (Section 406 IPC) cannot apply to owners; it requires entrustment by another. Cheating (Section 420 IPC) was also not made out, as possession was never handed over to the complainant. While civil and criminal cases can coexist, absent clear criminality, allowing both constitutes abuse of process. The Court quashed the FIR and directed that no third-party rights be created pending a related BDA petition.
The lawyer headnote and full judgment text are available to registered users.