VidhiSangh

Supreme Court of India · 18/04/2024

THE STATE OF ARUNACHAL PRADESH versus KAMAL AGARWAL & ORS. ETC

[2024] 4 S.C.R. 624 · 2024 INSC 317

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Summary

A disputed money advance and alleged failure to transfer Jaipur property did not disclose cheating on the FIR’s allegations. The purpose of the undocumented payments and competing repayment or property-transfer accounts belonged to civil adjudication. The record also disclosed no relevant offence connection with Arunachal Pradesh beyond the complainant firm’s address. The Court quashed the entire FIR and consequential proceedings, allowed the accused’s appeal and dismissed the State’s three appeals.

Issues

  1. Whether the alleged money/property transaction disclosed a cognizable cheating offence.
  2. Whether the proceedings had a sufficient territorial connection with Arunachal Pradesh.
  3. Whether quashing extended to all accused despite one accused’s earlier unsuccessful challenge.

Provisions considered

Held

Result

Accused’s appeal allowed and Gauhati High Court order set aside; entire FIR 227/2017 and consequential proceedings quashed. State’s three appeals dismissed.

Judgment PDF: Supreme Court of India, [2024] 4 S.C.R. 624.