- (1.) Invoking Section 482 of the Code of Criminal Procedure, the petitioner has moved this application for quashing of a charge-sheet relating to an offence punishable under Section 420 of the Indian Penal Code.
(2.) The grounds on which the prayer for quashing has been made are as follows; (a) The charge-sheeted materials do not satisfy the ingredients of the offence punishable under Section 420 of the Indian Penal Code and the remedy of the complainant lie in filing a suit for specific performance. (b) There was no allegation of dishonest inducement. (c) The complainant has already filed a suit for specific performance of the agreement allegedly entered by and between the parties and same is the foundation of the criminal case. (d) On the same set of facts during the pendency of civil suit no criminal proceeding is maintainable.
(3.) Now, having heard the learned advocates appearing on behalf of the parties and considering the charge-sheeted materials, I find the prayer for quashing has no leg to stand. Merely because an act has a civil profile that does not sufficient to denude the act of its criminal outfit. The test is to see whether from the materials collected by the police during investigation the offence has been made out or not. At the same time, there is no immunity from a criminal prosecution merely because on the same set of facts a civil suit is pending. It is also no ground for quashing as one or two ingredients of an offence has not been specifically mentioned in the FIR.;