By way of background, a first information report (FIR) was registered against the accused-appellant under Sections 420 (cheating), 120B (criminal conspiracy) and 506 (criminal intimidation) of the Indian Penal Code (IPC).
The basis of this FIR was a third complaint made by the complainant-respondent against the appellant with regard to allegations of cheating in an agreement to sell of a property.
In the previous two complaints which were based on the same set of facts as the third complaint, the complainant-respondent had only made the prayer for return of the amount paid by him in the agreement to sell with no allegation of cheating.
Moreover, the said complaints were only directed at the property dealers and not against the appellant.
After investigation, it was found that no no criminal offence was made out with respect to the first complaint and the complainant was, therefore, granted the liberty to invoke the jurisdiction of the civil court.
Similar finding was arrived at in the second complaint as well.
However, in the third complaint, the complainant had accused the appellant of cheating and other offences. On the basis of the same, the FIR Came to be registered against the appellant.
The appellant then moved the Punjab and Haryana High Court seeking quashing of the FIR, but the plea was dismissed.
This was challenged before the Supreme Court.
Source: Barandbench
