2025 (9) TMI 928 - SC - Indian Laws

Criminal proceedings quashed for lack of mens rea, vague allegations, and available civil remedy; Section 420 IPC not made out

Paramjeet Singh Versus State Of Himachal Pradesh & Others

The SC allowed the petition, set aside the HC order, and quashed FIR No. 11/2023, the chargesheet and all consequent proceedings. The Court held that the ... Dismissal of application filed under Section 482 of Code of Criminal Procedure, 1973 - offences under Section 420 read with Section 120B IPC - HELD THAT:- It is settled law that for establishing the offence of cheating, the complainant/respondent No. 3 was required to show that the appellants had a fraudulent or dishonest intention at the time of making a promise or representation of buying the said ‘ruula set fitting’. Such a culpable intention when the promise was made cannot be presumed but has to be supported with cogent facts. In the facts of the present case, there is a clear absence of dishonest and fraudulent intention on the part of the appellants as regards the sale and purchase agreement - Nothing has been said on what the misrepresentations were and how the appellants intentionally deceived the complainant/ respondent No. 3. Mere vague allegations by the complainant/ respondent No. 3 that the appellants failed to provide a product of a particular specification and failed to replace the faulty machines do not satisfy the test of dishonest inducement to deliver a property or part with a valuable security as enshrined under Section 420 IPC. The delay in lodging of the FIR, coupled with the vague allegations do not inspire the confidence of this Court to allow the criminal proceedings to continue against the appellants. The complainant had an alternative remedy of filing a civil suit claiming damages for the alleged violation of his contractual rights but a route through criminal proceedings, when no ingredient of offence is made out, cannot be permitted. Criminal law ought not become a platform for initiation of vindictive proceedings to settle personal scores and vendettas. The appellants could not be attributed any mens rea and therefore, the allegations levelled by the prosecution against the appellants are unsustainable. Furthermore, in the case of Inder Mohan Goswami [2007 (10) TMI 550 - SUPREME COURT], it was held by this Court that the Court must ensure that criminal prosecution is not used as an instrument of harassment or for seeking private vendetta or with an ulterior motive to pressurise the accused. It was further held by this Court that it is neither possible nor desirable to lay down an inflexible rule that would govern the exercise of inherent jurisdiction. In view of the above and for the reasons stated, it is opined that to continue the criminal proceedings against the appellants herein would cause undue harassment to them because, as observed hereinabove, no prima facie case for the offence under Section 420 IPC is made out. The impugned order of the High Court is set aside and consequently, the FIR No. 11/2023 dated 14.02.2023 at Police Station Lambagaon, the chargesheet dated 27.07.2023 and all consequent proceedings initiated pursuant thereto stand quashed - Petition allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether the allegations in the FIR and the chargesheet disclose the ingredients of the offence under Section 420 IPC (cheating and dishonest inducement to deliver property) and Section 120B IPC (criminal conspiracy). 2. Whether the High Court erred in refusing to quash the FIR, chargesheet and consequent proceedings under the Court's inherent jurisdiction (Section 482 CrPC) and/or extraordinary jurisdiction under Article 226 when the material does not prima facie make out the offences alleged. 3. Whether the delay of nearly five years in lodging the FIR, absence of pleaded or proved fraudulent intention at inception, and availability of alternative civil remedy are factors warranting quashing of criminal proceedings as mala fide, frivolous or an abuse of process. 4. The applicability of settled principles laid down in prior decisions concerning (a) the requirement of fraudulent/dishonest intention at the time of promise for Section 420, (b) the limits on converting contractual disputes into criminal prosecutions, and (c) the categories for exercise of inherent jurisdiction to quash. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Whether the FIR/chargesheet disclose offence under Section 420/120B IPC Legal framework: Section 420 IPC punishes cheating and dishonestly inducing delivery of property; mens rea (fraudulent/dishonest intention) at the time of making the representation/promise is the gist. Section 120B penalises being a party to criminal conspiracy; requires material indicating concerted culpable intention to commit a substantive offence. Precedent Treatment: The Court relied on the principle in Inder Mohan Goswami that mere subsequent breach of promise does not establish cheating unless fraudulent or dishonest intention at inception is shown. It also followed Vesa Holdings that every breach of contract does not translate into cheating; deception must exist at the very inception. Interpretation and reasoning: The FIR and chargesheet alleged (i) a sale-purchase agreement for machinery, (ii) payment by cheque which was returned on 'stop payment', and (iii) claimed shortfall in specifications and loss. The Court examined whether the material alleges or supports a culpable dishonest intention at the time of making the promise. No particulars in the FIR/chargesheet identify actionable misrepresentations, intentional deception, or contemporaneous mens rea. The alleged defects in quantity/output and non-replacement are pleaded as failures to perform contractual obligations, not as acts showing pre-existing intent to deceive. Ratio vs. Obiter: Ratio - A charge under Section 420 cannot be sustained where the prosecution does not allege or show fraudulent/dishonest intention at the time of promise; mere failure to fulfill contractual terms or later breach is insufficient. Obiter - Observations on how allegations of output/weight and commercial loss were insufficiently particularised to infer mens rea. Conclusions: The FIR and charge-sheet do not prima facie disclose the offence of cheating under Section 420 IPC nor disclose material supporting criminal conspiracy under Section 120B. The essential ingredient of fraudulent or dishonest intention at inception is absent. Issue 2 - Exercise of inherent/extraordinary jurisdiction to quash proceedings (Section 482 CrPC / Article 226) Legal framework: High courts possess inherent powers under Section 482 CrPC and extraordinary jurisdiction under Article 226 to prevent abuse of process, secure ends of justice and quash criminal proceedings where allegations, accepted at face value, do not make out an offence or where prosecution is mala fide, per established principles. Precedent Treatment: The Court applied the categories articulated in Bhajan Lal (para 102) delineating situations warranting exercise of inherent jurisdiction - e.g., where allegations do not prima facie constitute an offence, where uncontroverted material negates commission of offence, where allegations are absurd/inherently improbable, or where proceedings are manifestly mala fide or vindictive. Interpretation and reasoning: The Court considered the FIR/chargesheet against the Bhajan Lal categories and found alignment with multiple categories: (1) allegations, even taken at face value, do not constitute cheating; (3) evidence/material does not disclose commission of offence; (5) allegations are vague/absurd to allow a prudent person to proceed; (7) proceedings appear to have mala fide attributes as indicated by unexplained delay and lack of particulars. The Court emphasised that criminal process must not be used for private vendetta or to harass where legal ingredients are absent. Ratio vs. Obiter: Ratio - Where the allegations and accompanying material fall within the illustrative categories in Bhajan Lal, the High Court ought to exercise inherent jurisdiction to quash criminal proceedings to prevent abuse of process. Obiter - Emphasis on the need for case-by-case exercise rather than rigid rules. Conclusions: The High Court's refusal to quash was incorrect; the Supreme Court set aside that order and quashed FIR, chargesheet and all consequential proceedings under the inherent jurisdiction principles. Issue 3 - Significance of delay, absence of pleaded mens rea and availability of civil remedy Legal framework: Delay in lodging criminal complaints and lack of explanation for delay raise suspicion about bona fides; existence of alternative efficacious civil remedy militates against permitting criminal proceedings where no criminal ingredient is present. Precedent Treatment: The Court relied on Inder Mohan Goswami and Vesa Holdings to reinforce that culpable intention must be shown; also invoked recent observations warning against misuse of criminal machinery for oblique motives. Interpretation and reasoning: The FIR was lodged nearly five years after the contract date with no explanation for delay. The complainant had a civil remedy (suit for damages/contractual enforcement) that would be the appropriate forum for resolution of alleged contractual breach. The combination of unexplained delay, vague allegations as to misrepresentation, and availability of civil remedy collectively undermined the prosecution's bona fides and indicated potential misuse of criminal process. Ratio vs. Obiter: Ratio - Unexplained delay and the existence of an alternative legal remedy are pertinent factors in deciding whether to quash criminal proceedings where criminal ingredients are absent. Obiter - Observations about the societal harms from misuse of criminal law and need for judicial vigilance. Conclusions: Delay, lack of pleaded fraudulent intention, and the existence of viable civil remedies reinforced the conclusion that criminal proceedings were an abuse of process and should be quashed. Issue 4 - Application of recent warnings against misuse of criminal justice machinery Legal framework & Precedent Treatment: The Court noted contemporary jurisprudence cautioning against misuse of criminal law for vested interests and private vengeance, requiring courts to be vigilant and curative. Interpretation and reasoning: Given the absence of factual matrix supporting a charge of cheating, and the delay and vagueness of allegations, the Court treated the prosecution as likely driven by oblique motives and observed that permitting continuation would impose needless strain on criminal courts and create social distrust. Ratio vs. Obiter: Primarily supportive reasoning (obiter with practical admonition) reinforcing the exercise of quashing power in appropriate cases. Conclusions: The Court reaffirmed the duty of courts to prevent criminal law being used to harass and to quash proceedings where misuse is apparent. Final Disposition On the combined application of the legal tests articulated above and precedents relied upon, The Court concluded that no prima facie case under Section 420 or 120B IPC was made out, the proceedings were vulnerable to being an abuse of process, and therefore the FIR, the chargesheet and all consequential proceedings were quashed. The appeal and writ petition were allowed accordingly.