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As per case facts, the petitioner sought to quash an FIR for cheating and criminal conspiracy. The complainant alleged that the petitioner's brother and others induced him to pay money
...for jobs that never materialized. The petitioner was in Italy during the alleged incidents. The co-accused, including the petitioner's family members, were acquitted by the trial court, a decision upheld by the Sessions Court, which found the complainant's testimony untrustworthy and the case an abuse of process stemming from a matrimonial dispute. The question arose whether the FIR and all consequential proceedings, including the declaration of the petitioner as a proclaimed person, should be quashed when the co-accused were acquitted on the same evidence, and the petitioner was not in India during the alleged offense and was never properly served. Finally, the High Court concluded that continuing proceedings against the petitioner would be an abuse of the process of law, given the acquittal of co-accused, discrediting of the complainant's testimony, and the petitioner's absence from India during the alleged events. It held that such a trial would be futile and a waste of judicial time, serving only personal vendetta.
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