P&H: Quashes Cheating FIR Against Attesting Witness

punjab-haryana
⚖️ Order Date: 18 May 2026
Headnotes

Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 — Inherent power — Scope — To secure ends of justice, to prevent abuse of process of law or to make any such orders as may be ncessary to give effect to any order under Code, such power can...

Indian Penal Code, 1860, Ss.415, 420 — Cheating — Ingredients — Fraudulent or dishonest inducement of person with intention to deceive and such person must ahve been deceived to deliver any property or to give consent to retain such property or to omit to do...

Indian Penal Code, 1860, Ss.415, 420, Transfer of Property Act, 1882, S.3, Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 — Cheating — Attesting witness — Merely being an attesting witness to a transfer deed, by itself, would not be sufficient to attract criminal liability for the offence of...


Facts of the Case

P&H: Quashes Cheating FIR Against Attesting Witness

The Punjab and Haryana High Court has quashed a cheating FIR against an attesting witness to a property transfer deed, while allowing the prosecution to continue against the transferee.

The case arose from an FIR registered in 2018 under Section 420 IPC on complaint alleging that deceased had agreed to sell 3 Kanals 17 Marlas of land for Rs. 1.5 crore, received substantial amounts from the complainant, but failed to execute the sale deed and instead transferred the property to his wife. deceased passed away in 2019. The petitioners attesting witness and wife of deceased sought quashing of the FIR...

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