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2022 (12) TMI 57 - HC - Money LaunderingCheating - offence of money laundering or not - it is alleged that some of the foreigners invested thereby huge amounts in Indian Companies for the purpose of purchasing flats in Quepem - offence under Section 120B, 420 of IPC or not - HELD THAT - The fact remains on record that FIR No.86/2017 registered at Quepem Police Station remains on record and no investigation has been carried in it till date. Report of the Sub-Divisional Police Officer clearly shows that it was a civil dispute in which attempt was made to convert it into a criminal offense. It is now well settled that powers of this Court under Section 482 of CrPC though extraordinary in nature, could be exercised so as to quash the FIRs which are practically considered to be civil disputes. There is already a report given by the Sub Divisional Officer of Quepem that it was a civil dispute. Even Final Report for grant of 'A' Summary was filed before the Quepem Court and then it was subsequently withdrawn. However, fact remains that complaint lodged by respondent no.2 discloses that it is a civil dispute and specifically in connection with the sale and purchase of flats in the project which the petitioner was constructing - it is deemed fit and proper to quash and set aside such FIR registered at Quepem Police Station under Section 482 of CrPC as continuance of such FIR is clearly an abuse of the process of law and no purpose would be served. Petition allowed.
Issues:
Petition to quash FIR No. 86/2017 - Civil dispute or criminal offense? Progress in investigation of FIR No. 86/2017. Transfer of FIR to Economic Offence Cell. Consideration of quashing FIR No. 5/2020. Analysis: Issue 1: Petition to quash FIR No. 86/2017 - Civil dispute or criminal offense? The petitioner sought to quash the FIR No. 86/2017, alleging that the complaints filed against them were civil in nature. The complaints pertained to alleged cheating in a real estate project. The Sub-Divisional Officer concluded that the disputes were civil and not criminal. The Investigating Officer filed 'A' Summary proceedings, which were withdrawn later. The court referred to the case law emphasizing that the power to quash should be sparingly exercised and only in exceptional cases. It was noted that the FIR remained stagnant with no progress in investigation, leading to the conclusion that it was a civil dispute improperly converted into a criminal offense. The court decided to quash FIR No. 86/2017 under Section 482 of CrPC, considering it an abuse of the legal process. Issue 2: Progress in investigation of FIR No. 86/2017 Despite the withdrawal of 'A' Summary proceedings, no progress was made in the investigation of FIR No. 86/2017. The complainant and witnesses did not support the allegations, leading to a standstill in the case. The lack of advancement in the investigation indicated that the FIR was based on a civil dispute rather than a criminal offense. The court acknowledged the absence of any developments in the case and deemed it appropriate to quash the FIR to prevent further misuse of legal procedures. Issue 3: Transfer of FIR to Economic Offence Cell Following the withdrawal of 'A' Summary proceedings, the FIR was transferred to the Economic Offence Cell for further investigation. However, even after the transfer, there was no significant progress in the case. The lack of movement in the investigation, coupled with the nature of the allegations, reinforced the notion that the matter was primarily civil in nature. The court focused on the stagnation of the case and the absence of any substantial developments, leading to the decision to quash FIR No. 86/2017. Issue 4: Consideration of quashing FIR No. 5/2020 Although a separate FIR (No. 5/2020) was registered by the Economic Offence Cell, the petitioner did not seek relief regarding this FIR in their petition. The court noted that the petition did not address FIR No. 5/2020, and as the Economic Offence Cell was not a party in the proceedings, no action was taken regarding this FIR. The court clarified that the decision to quash FIR No. 86/2017 did not extend to FIR No. 5/2020, as it was not part of the petitioner's plea. In conclusion, the court allowed the petition to quash FIR No. 86/2017, emphasizing the need to prevent the misuse of legal processes and highlighting the distinction between civil disputes and criminal offenses. The lack of progress in the investigation and the absence of substantial evidence supporting the allegations led to the decision to quash the FIR.
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