LAW ON QUASHING OF AN FIR: ANALYSED IN RECENT JUDGMENT
The Supreme Court in the latest case titled as “ Priti Saraf v. State of NCT of Delhi”, ‘CRIMINAL APPEAL NO(S).296 OF 2021 (Arising out of SLP(Crl.) No(s). 6364 of 2019) dated 10/03/202’ has analysed the law relating to Quashing of FIR in respect of various offences of Cheating, Criminal Breach of Trust under section 420, 406 and Section 34 Indian Penal Code. The brief facts of the case are that Respondent No. 2 has mortgaged a property with State Bank of Patiala and the total legal liability payable to the Bank was Rs. 18 crores. In order to clear the said dues, respondent No.2 had entered into a conspiracy with a broker so as to cheat and defraud the complainants herein and thereby to further misappropriate the amounts paid by the complainants as part of the agreement of sell entered with them qua the said property , thereby also committed breached the trust of the complainants by deliberately falsely stating to them that he would be liable to pay a sum of Rs. 2