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As per case facts, the Petitioner, Ashutosh Pandey, rented a flat to the Complainant. Disputes arose due to her refusal to execute a rent agreement and alleged illegal activities. An
...earlier complaint was resolved as a civil dispute with a compromise. Subsequently, after a family function, cash and mobiles went missing, and the Complainant issued threats. After vacating, the Complainant lodged another complaint alleging assault, leading to Crime No. 171/2020 under Sections 294, 323, and 506 IPC. A charge-sheet was filed, registered as Criminal Case No. 9032/2021. The Petitioner sought to quash these proceedings, arguing no prima facie case was made out, the dispute was civil, and there were unexplained delays in the FIR and investigation. The question arose whether the criminal proceedings were initiated with mala fide intent, lacking essential elements of the alleged offences, and thus warranted quashing under Section 482 Cr.P.C. Finally, the High Court determined that the dispute was civil, the FIR had unexplained delays, and essential ingredients of the IPC sections were not prima facie met. Concluding the proceedings were mala fide and an abuse of process, the High Court allowed the petition, quashing the FIR, charge-sheet, and all criminal proceedings.
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