Jharkhand High Court Quashes Cheating and Criminal Breach of Trust Case in Land Dispute
Ram Binod Choudhary and Others v. State of Jharkhand
The High Court of Jharkhand has quashed a criminal case alleging cheating, criminal breach of trust, conspiracy and criminal intimidation in a land dispute, holding that the matter was essentially civil in nature.
The FIR had accused the Chairman and CEOs of Mithila Grih Nirman Swablambi Sahkari Samiti Ltd. of selling land different from what was mentioned in the sale deed. The informant alleged offences under Sections 406, 420, 120B and 506 of the IPC. However, it was undisputed that the informant had been given possession of the land, a correction slip had been issued in her favour, and she had already constructed a house on the property.
The Court held that there was no allegation of deception at the inception of the transaction , a necessary ingredient to establish cheating under Section 420 IPC. It further found no material showing dishonest misappropriation to attract Section 406 IPC, nor any specific intent to cause alarm to sustain a charge under Section 506 IPC.
Observing that continuation of the proceedings would amount to abuse of the process of law, the High Court quashed the FIR and all consequential proceedings against the petitioners.
