QUASHMENT
QUASHMENT
BENCH AT MUMBAI
Priya Sharma
…..PETITIONERS
VERSUS
State of Maharashtra
……RESPONDENT
The Petitioners above named most humbly and respectfully submits as under-
The petitioner, Priya Sharma, humbly submits this petition seeking the quashment of the FIR
dated January 10, 2024, and the charge sheet filed on February 20, 2024, in Case No. 2024/6789,
registered under Sections 420 and 406 of the Indian Penal Code. The petitioner asserts that the
criminal proceedings are an abuse of the process of law, based on false allegations and fabricated
evidence, and thus, prays for the quashing of the FIR and charge sheet in the interest of justice.
1. The petitioner is accused of committing offenses under Sections 420 and 406 IPC, based on a
business transaction with her former business partner, Mr. [Name of Complainant]. The
allegations claim that the petitioner induced the complainant to invest in a business venture under
fraudulent pretenses, thereby cheating the complainant and committing criminal breach of trust.
2. The First Information Report (FIR) was lodged against the petitioner on January 10, 2024,
under Section 154 CrPC, alleging cheating and breach of trust. Pursuant to the investigation, a
charge sheet was filed on February 20, 2024.
3. The petitioner maintains that these allegations arise out of a personal dispute between the
petitioner and the complainant, and the FIR and charge sheet are entirely based on fabricated and
misleading evidence. The petitioner asserts that there is no prima facie case made out against her
under Sections 420 and 406 IPC.
1. False Allegations and Fabricated Evidence: The FIR and the charge sheet are based on
allegations that have been falsely made with the malicious intent to settle personal scores. The
entire dispute arises from a personal matter and not any criminal conduct. The complainant has
misrepresented the facts to falsely implicate the petitioner in this case.
2. No Prima Facie Case: The essential ingredients of Sections 420 and 406 IPC are absent. There
is no evidence to establish that the petitioner dishonestly induced the complainant to invest or
that any criminal breach of trust occurred. The mere existence of a failed business transaction
does not constitute criminality under these sections.
3. Abuse of Legal Process: The filing of the FIR and the subsequent investigation are nothing but
an abuse of legal process. The dispute is civil in nature and ought to have been resolved through
appropriate civil proceedings, instead of resorting to criminal charges.
4. Procedural Irregularities: The investigation conducted was biased and the charge sheet is a
result of a hasty and incomplete inquiry. No credible evidence has been provided to substantiate
the charges against the petitioner.
LEGAL ARGUMENTS
1. Precedents:
In State of Haryana v. Bhajan Lal (1992 Supp (1) SCC 335), the Hon’ble Supreme Court
laid down guidelines for the exercise of inherent powers to quash criminal proceedings
where the allegations made do not disclose a prima facie case.
In Pepsi Foods Ltd. v. Special Judicial Magistrate (1998 (5) SCC 749), the Hon’ble
Court held that criminal law cannot be used as an arm-twisting tool to harass an
individual in disputes of a civil nature.
2. Legal Provisions: This petition is filed under Section 482 of the Criminal Procedure Code,
1973, which empowers this Hon’ble Court to quash proceedings where there is a clear abuse of
the process of law or where the interests of justice demand the intervention of this Court.
PRAYER
In light of the above facts, grounds, and legal arguments, the petitioner respectfully prays that
this Hon’ble Court may be pleased to:
a. Quash the FIR dated January 10, 2024, and the charge sheet filed on February 20, 2024,
in Case No. 2024/6789, under Sections 420 and 406 of the Indian Penal Code, 1860;
b. Pass any other order or direction as deemed fit and proper in the interest of justice.
VERIFICATION
I, Priya Sharma, the petitioner herein, do hereby verify that the contents of this petition are true
and correct to the best of my knowledge and belief. No part of it is false and nothing material has
been concealed.
Place: Mumbai
Date: 2/03/24
Petitioner: Priya Sharma
Through Counsel: Khushi Khandelwal
Advocate for the Petitioner