JUDGMENT : KAUSHIK GOSWAMI, J. Heard Mr. J. I. Borbhuiya, learned Counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam for the State respondent and Mr.S. Chauhan, learned Counsel for the respondent No.2. 2. By way of this petition under Section 482 of the Criminal Procedure Code, 1973, read with Sections 397/401 of Criminal Procedure Code, 1973, also read with Article 227 of the Constitution of India, the petitioner is seeking setting aside and quashing the impugned F.I.R. of Palashbari P.S. Case No. 86/2019 under Section 417/420/447/294(A)/506 of the Indian Penal Code (hereinafter referred to as “IPC”) and the impugned Charge-sheet No. 147/19 dated 26.06.2019 and the further proceeding of P.R. Case No. 245/2019, originated from the F.I.R. pending before the Court of Judicial Magistrate 1 st Class, Kamrup, Amingaon. 3. The brief facts of the case is that the respondent No.2 filed an F.I.R. on 7.03.2019 alleging inter-alia that the petitioner had taken an amount of Rs. 2,00,000/- (two lakh) only as loan from him and when asked the petitioner to repay the money, the petitioner instead of repaying the same, came to his Saw Mill while he was absent and scolded him using slang language in front of his employees. It is further alleged that he was defamed in front of public and employees. Accordingly, an FIR was registered as Palashbari P.S. Case No. 86/2019 under Section 417/420/447/294(A)/506 of IPC. 4. Upon investigation being completed, the Investigating Officer submitted Charge-sheet against the petitioner vide Charge-sheet No. 147/19 dated 26.06.2019 under Section 406 of IPC. Accordingly, the P.R. Case No. 245/2019 was registered before the Court of Judicial Magistrate 1 st Class, Kamrup, Amingaon for trial. Situated thus, the petitioner has filed the instant criminal petition for quashing the said FIR, Charge-sheet and further proceeding of P.R. Case No. 245/2019. 5. Mr. J. I. Borbhuiya, learned Counsel for the petitioner submits that mere perusal of the FIR does not indicate the ingredients of Section 406 of IPC being present in the body of the F.I.R. He accordingly, submits that no criminal case, whatsoever, is made out from the F.I.R. He accordingly, submits that continuance of further criminal proceeding is wholly unjust. He further submits that the loan amount in question has already been repaid by the petitioner to the respondent No.2 on 10.09.2019. 6. Per contra, Mr. He further submits that the loan amount in question has already been repaid by the petitioner to the respondent No.2 on 10.09.2019. 6. Per contra, Mr. S. Chauhan, learned Counsel for the respondent No.2 submits that pending adjudication of the criminal petition, the respondent No.2 expired on03.10.2024. He further submits that the daughter of the respondent No.2 has expressed her intention not to pursue the criminal case. 7. Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam submits that at best a case of mere breach of promise can said to be made out on the averments set out in the F.I.R. 8. I have given my prudent considerations to the submission made by the learned Counsel for the parties and have perused the material available on record. 9. Apt to reproduce the F.I.R. dated 07.03.2019, which is reproduced as hereunder: “(English Translated Copy) Dated 7/3/19 To, The Officer-in-Charge Palashbari Police Station, Palashbari, Kamrup, Assam Sub:- Ejahar Informant- Sri Ashish Kumar Sur S/O- Lt. Nirukta Kumar Sur, R/O- Palashbari, Ward No.-6, P.S-Palashbari, District- Kamrup(Assam). Accused:- Sri Manoj Kumar Das, Forest Ranger, Palashbari Forest Range Office, Mirja, Kamrup (Assam). Sir, Respectfully begs to state you that I am the permanent resident of the above noted address. In connection with the ejahar I beg to state you that the above named accused had taken an amount of Rs.2,00,000/- as loan from the account through Cheque. When I asked to refund the money as I needed money, the accused instead refunding the money came to my Saw Mill in my absence and scold me with slang language in front of my employee and asked to close the Mill giving various threatening. In this regard I defamed in front of public and employee, and it amounts to a threat to my life and business. The accused again demanded money from me taking advantage of his power. On being refusal, he scold me by saying Non-sense, Chutia, Son of bitch etc. This incident was taken place on 26/2/2019. Therefore, your goodselves would be pleased to take legal action against the against the Govt. officer by registering a case against him. This is the humble prayer before your goodselves. Thanking You Yours Faithfully Sd/- Ashis Kumar Sur Received the Ejahar from the complt. At Palashbari T.O.P. vide G.D.E. No. 105 Dt.07-3-2019 at 3 pm and forwarded to the O/C Palashbari PS. officer by registering a case against him. This is the humble prayer before your goodselves. Thanking You Yours Faithfully Sd/- Ashis Kumar Sur Received the Ejahar from the complt. At Palashbari T.O.P. vide G.D.E. No. 105 Dt.07-3-2019 at 3 pm and forwarded to the O/C Palashbari PS. For favour of kind registering a case under proper section of law. 1 have already taken up the step investigation of the case. Yours Faithfully ASI. Hemkanta Sarmah of Palashbari T.O.P. Dt.-07/3/19 INCHARGE PALASHBARI TOP Dist- Kamrup, (Assam). Received and registered Palashbari Police Station Case No. 86/19 dt. 07/03/19 u/s 417/420/447/294(A)/506 IPC. Sd/- Ilegible Inspector Officer-in-Charge Palashbari PS Dated-7/3/19” 10. It appears that on the basis of the aforesaid FIR and upon completion of investigation, Charge-sheet was submitted against the petitioner under Section 406 of IPC. In order to attract Section 406 of IPC, allegation of fraudulent misappropriation is essential. The act of breach of trust involves a civil wrong, in which a person who is aggrieved may seek redressal for damages in civil court but a breach of trust with mens rea gives rise to criminal prosecution. In the instant case, it appears that the allegation is for non-payment of the loan amount. Hence, the dispute is civil in nature. That apart, mere breach of trust does not constitute criminality and as such, no case of criminality on the averments made in the body of the F.I.R. can be said to be made out. Hence, the impugned F.I.R. and the Charge-sheet filed under Section 406 of IPC is not sustainable. 11. Pertinent also that the petitioner has already repaid the loan amount to the account of respondent No.2. It further appears that during the pendency of the instant case, respondent No.2 expired and Mr. S. Chauhan, learned Counsel for the respondent No.2 has submitted that the daughter of the respondent No.2 expresses her desire not to pursue the criminal case. 12. Keeping in mind the totality of the facts and circumstances, in the interest of justice, the impugned F.I.R. being Palashbari P.S. Case No. 86/2019 under Section 417/420/447/294(A)/506 of IPC, impugned Charge-sheet No. 147/19 dated 26.06.2019 under Section 406 of IPC and the further proceeding of P.R. Case No. 245/2019, pending before the Court of Judicial Magistrate 1 st Class, Kamrup, Amingaon are hereby set aside and quashed. 13. Accordingly, the criminal petition stands allowed and is disposed of.