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Criminal Justice – Quashing of the charge-sheet for offences of sections 405 and 506 of IPC relating to property transactions

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The first case relates to quashing of the charge-sheet for offences under Sections 405 and 506 of the IPC on the allegations that the appellants had agreed to sell the property, received part payment but did not register the property and also did not refund the amount.  A normal transaction of sale or exchange of money / consideration does not amount to “entrustment”.

Offence of criminal intimidation – Mere expression of any words without any intent to cause alarm would not be sufficient to bring home an offence under Section 506 of the IPC.  The material and evidence must be placed on record to show that the threat was made with an intent to cause alarm to the complainant or to cause them to do, or omit to do an act.

Judgment dated 1.5.2024 in Criminal Appeal No. ….of 2024 (arising out of Special Leave Petition (Criminal) No.1074 of 2017) of Arif Ahmed and Another  Vs. State of Uttar Pradesh and Another with connected matters.

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