Rekha Jain vs. The State of Karnataka and Ors. - (Supreme Court) (10 May 2022)

To make out a case against a person for the offence under Section 420 of IPC, there must be a dishonest inducement to deceive a person to deliver any property to any other person

MANU/SC/0618/2022

Criminal

The original writ petitioners before the High Court have preferred the present appeal against impugned judgment and order passed by the High Court by which, the High Court has dismissed the said criminal petition and has refused to quash the FIR/criminal proceedings against petitioners

The appellant – accused – Rekha Jain has vehemently submitted that considering the allegations in the complaint/FIR as they are, there are no allegations that accused Rekha Jain induced the complainant to deliver the gold jewellery. It is submitted that therefore, when there are no allegations of inducement by present Appellant – Accused Rekha Jain, it cannot be said that the appellant – accused – Rekha Jain has committed any offence as alleged for the offence under Section 420 of Indian Penal Code, 1860 (IPC).

The offence alleged against the appellant – accused – Rekha Jain is for the offence under Section 420 of IPC. She has been now charged-sheeted for the said offence. There must be a dishonest inducement by the accused. As per Section 420 of IPC, whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, can be said to have committed the offence under Section 420 of IPC. Therefore, to make out a case against a person for the offence under Section 420 of IPC, there must be a dishonest inducement to deceive a person to deliver any property to any other person.

In the present case, there is no allegation at all against accused – Rekha Jain of any inducement by her to deceive and to deliver the gold jewellery. The allegations of dishonest inducement and cheating are against her husband – accused – Kamalesh Mulchand Jain. Therefore, considering the allegations in the FIR/complaint as they are, and in the absence of any allegation of dishonest inducement by Rekha Jain, it cannot be said that she has committed any offence under Section 420 of IPC for which she is now chargesheeted. Therefore, the High Court has committed a grave error in not quashing the criminal proceedings against Rekha Jain for the offence under Section 420 of IPC. This is a fit case where the High Court could have exercised its powers under Section 482 of CrPC and to quash the criminal proceedings against Rekha Jain for the offence under Section 420 of IPC. The criminal proceedings against the appellant – accused – Rekha Jain for the offence under Section 420 of IPC is hereby quashed. Appeal allowed in part.

Tags : PROCEEDINGS FIR QUASHING