Dharamvir and ors. vs State of Punjab

Pritpal Singh, J.

In this petitions under Section 482 of the Code of Criminal Procedure a first information report (Annexure P1) registered against the petitioner Dharamvir, Brij Mohan and Bhupinder Kumar under Sections 406 and 420, Indian Penal Code, at Police Station Kotwali, Patiala, is sought to be quashed.

The contents of the first information report indicate that, according to a secret information received by the police, the petitioners in the garb of running double Money Saving Scheme, Patiala have collected a large amount of money from the public with the intention of misappropriating the same. None of the persons from whom the money is said to have been collected, has made any complaint against the petitioners. There is no allegation in the first information report that anyone had ever approached the petitioners for the refund of the money deposited by him or that the petitioners had refused to pay the same. Even if the petitioner refused to refund the money to the depositors, it would, at the most, amount to breach of contact which would be a civil liability. Thus, from the allegations contained in the first information report no criminal offence is made out. Consequently, the impugned first information report (Annexure P1) and the proceedings arising out of the same are hereby quashed.