Quashing of criminal proceedings rejected where alleged inducement over property consideration required trial to test the allegations.

Criminal proceedings should not be quashed in inherent jurisdiction where the complaint alleges inducement to part with property consideration under an agreement to sell, and the truth of the allegations cannot be conclusively assessed without trial. Because investigation was complete, chargesheet filed, charges framed, and prosecution evidence had begun, the High Court ought not to have treated the dispute as purely civil at the quashing stage. The order quashing the FIR and criminal case was therefore set aside.

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Issues: Whether the High Court was justified in quashing the criminal proceedings in exercise of inherent powers on the ground that the dispute was civil in nature and no criminal intent was made out.

Analysis: The complaint alleged that the accused, though not having title to the property, induced the complainant to part with valuable consideration in pursuance of an agreement to sell. The investigation had been completed, a chargesheet had been filed, charges had been framed, and prosecution evidence had commenced. On these facts, the truth or otherwise of the allegations could not be finally determined in quashing proceedings and required trial.

Conclusion: The High Court was not justified in quashing the proceedings under its inherent jurisdiction. The order quashing the FIR and criminal proceedings was set aside.

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