Summary
A complainant alleged that Kamalesh Mulchand Jain, by misrepresentation and inducement, took away 2 kg 27 g of gold jewellery from him; an FIR under Section 420 IPC was registered. During investigation the police found the jewellery with his wife Rekha Jain, who was absconding, and charge-sheeted her too. The Karnataka High Court refused to quash the proceedings against her under Section 482 CrPC. The Supreme Court partly allowed her appeal: Section 420 requires a dishonest inducement by the accused that causes the deceived person to deliver property, and the FIR contained no allegation that she induced the complainant — all allegations of inducement were against her husband — so the proceedings against her for that offence were quashed, leaving open any other offence she may have committed in relation to the property.
Issues
- Whether a person against whom the FIR contains no allegation of dishonest inducement can be prosecuted under Section 420 IPC merely because property obtained by another accused through cheating was found in her possession.
Provisions considered
- Section 420, Indian Penal Code, 1860The offence under Section 420 is committed by one who cheats and thereby dishonestly induces the person deceived to deliver property; a dishonest inducement by the accused is essential, and in its absence the accused cannot be prosecuted for that offence. (¶ 8)
- Section 482, Code of Criminal Procedure, 1973Taking the allegations in the FIR as they stand, no offence under Section 420 was disclosed against the appellant, so the High Court erred in declining to exercise its inherent power to quash the proceedings against her for that offence. (¶¶ 8, 9)
Held
- All allegations of misrepresentation, inducement and cheating in the FIR are against the husband; there is no allegation whatsoever that Rekha Jain induced the complainant to part with the gold jewellery, and without a dishonest inducement by her she cannot be prosecuted under Section 420 IPC. The High Court committed a grave error in not quashing the proceedings against her for that offence. (¶ 8)
- What is quashed is the prosecution for Section 420 IPC only, that being the sole offence for which she is charge-sheeted; the quashing does not extend to any other offence she may have committed, such as in respect of retaining property obtained by cheating. (¶¶ 5.1, 9)
Result
Appeal partly allowed; the Karnataka High Court's order of 15.09.2020 in Criminal Petition No. 3442 of 2020 set aside insofar as the appellant Rekha Jain is concerned and the criminal proceedings against her in Crime No. 75 of 2020 for the offence under Section 420 IPC quashed, without prejudice to proceedings for any other offence.