P&H: Refuses to Quash 406 IPC FIR in NRI Matrimonial-Property Dispute, Says Settlement Abroad Cannot Wash Away Prima Facie Breach of Trust Case

(i) Indian Penal Code, 1860, Ss.405 and 406 — Criminal breach of trust — Essential ingredients are entrustment of property or dominion over property, dishonest misappropriation or conversion to own use, or use or disposal in violation of law or contract, and such misappropriation or...

(iii) Criminal Procedure Code, 1973, S.482 — Quashing of FIR — Matrimonial settlement and criminal proceedings — Plea that matrimonial dispute had been settled before foreign court and that respondent had accepted US $60,000 towards full and final settlement did not warrant quashing, as the...

(iii) Criminal Procedure Code, 1973, S.482, Indian Penal Code, 1860, S.406 — Quashing of FIR — Allegations that respondent transferred US $42,000 and US $37,000 for investment in proposed Gas Station, that petitioner withdrew entire amount, did not create promised partnership, inducted his own father...

(iv) Criminal Procedure Code, 1973, S.482 — Quashing of FIR — Civil and criminal remedies — Merely because  transaction has civil consequences does not exclude criminal liability if factual allegations satisfy ingredients of  penal offence — Existence of civil remedy or matrimonial settlement is not...