High Court of Judicature at Bombay in Criminal Writ Petition No. 3079 of 2023.
The High Court of Judicature at Bombay, in Criminal Writ Petition No. 3079 of 2023, examined a petition filed by petitioner Hana Khan, a pilot, seeking to quash an FIR lodged against her by Aatish Shinge, also a pilot. The case revolved around allegations of cheating and criminal breach of trust, arising from financial transactions and alleged false promises made by Hana over several years.
- The petitioner, a pilot, and the respondent, Aatish Shinge, also a pilot, were friends since 2003. she claimed that she was going through a divorce and promised to marry Aatish after completing her pilot training.
- Over the years, Resp. Aatish provided significant financial support to Hana, amounting to approximately ₹58.92 lakhs (₹42.12 lakhs via bank transactions and ₹16.80 lakhs in cash), to help her with her pilot training in America.
Allegations:
- After returning to India in 2016, Petitioner allegedly avoided repaying the money and eventually ceased communication with Resp. Aatish after securing a job as a pilot in 2019. Aatish then discovered that Hana had not filed for divorce nor owned any land in Delhi, as she had claimed.
3. Legal Proceedings:
- Aatish's mother initially filed a complaint with the Superintendent of Police in Sangli, which was not pursued further. Subsequently, Aatish filed a First Information Report (FIR) against Hana in Sangli, leading to the current petition by petitioner to quash the FIR.
- Hana's defense argued that the issue was a civil matter and should be resolved in a civil court, as the financial transactions did not constitute a criminal offense.
They also contended that the FIR was filed out of personal vengeance and was intended to harass her.
4. Court's Decision:
- The court held that there was a prima facie case of criminal breach of trust and cheating, as Hana had allegedly misled Aatish with false promises and did not intend to repay the money.
- The court dismissed the petition, stating that the investigation should continue, as the FIR was not filed without jurisdiction and the facts warranted further scrutiny.
In view of the above discussion, we are of the firm opinion that since beginning there was dishonest intention on the part of the Petitioner (Hana Mohsin Khan) not to return the money of Respondent No.2. Hence, by giving false promise of marriage and returning that amount by disposing her land, the Petitioner deceived the Respondent No.2 and dishonestly induced him to extend her the monetary help from time to time and then the Petitioner misappropriated or converted to her own use thatmoney. As such, this is a tactful and a strong prima facie case of criminal breach of trust and cheating by the Petitioner"
Brief
Background:
The petitioner,, and the respondent, Aatish, were friends since 2003.
Hana claimed she was undergoing a divorce and promised to marry Aatish after completing her pilot training in America.
Aatish extended significant financial support to Hana, totaling ₹58.92 lakhs, to help her complete her pilot training.
Allegations:
Petitioner allegedly avoided repaying the borrowed money after returning to India in 2016.
Aatish later discovered that petitioner claims about her divorce and ownership of land in Delhi were false.
Hana cut off communication after securing a job as a pilot in 2019.
Legal Proceedings:
Aatish’s mother filed a complaint, which was not pursued. Later, Aatish lodged an FIR in Sangli.
petitioner filed a petition to quash the FIR, arguing the matter was civil and not criminal.
Court's Decision:
The court noted a prima facie case of criminal breach of trust and cheating, citing petitioner alleged dishonest intentions and false promises.
The petition was dismissed, allowing the investigation to proceed, as the allegations warranted further scrutiny.
In conclusion, the petition to quash the FIR was dismissed, allowing the investigation into the allegations of cheating and criminal breach of trust to proceed.
Source : Bombay High court & Deepika Narayana bhardwaj
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