(A) Criminal Procedure Code, 1973, Section 482 – Quashing of FIR – Offence punishable under Section 420 read with 34 IPC – No role of inducement at all has been attributed to the appellant – From the perusal of the FIR and the charge-sheet, it would reveal that there was no transaction of any nature directly between the appellant and the complainant – The version, if accepted at its face value, would reveal that, at the instance of accused No. 1, the complainant transferred the amount of Rs.20,00,000/- in the account of the appellant – On receipt of the said amount, the appellant immediately executed the sale deed in favour of accused No.1, who thereafter executed the GPA in favour of the complainant – After that, no role is attributed to the appellant and whatever happened thereafter, has happened between accused No. 1, the complainant and the other accused persons – Held that the FIR or the charge-sheet, even if taken at its face value, does not disclose the ingredients to attract the provision of Section 420 of IPC qua the appellant – The dishonest inducement is the sine qua non to attract the provisions of Sections 415 and 420 of IPC – Same is totally lacking qua the appellant – Continuation of the criminal proceedings against the appellant would be nothing else but amount to abuse of process of law resulting in miscarriage of justice – Order of the High Court liable to be quashed and set aside – FIR and the consequential charge-sheet filed against the appellant liable to be quashed and set aside. (Para 17 to 20 and 24)
(B) Criminal Procedure Code, 1973, Section 482 – Quashing of FIR – Filing of charge sheet – Offence punishable under Section 420 read with 34 IPC – Contention of the respondents that since the charge-sheet has been filed, the present appeal is liable to be dismissed repelled – It would be a travesty to hold that proceedings initiated against a person can be interfered with at the stage of FIR but not if it has advanced and the allegations have materialised into a charge-sheet – On the contrary it could be said that the abuse of process caused by FIR stands aggravated if the FIR has taken the form of a charge-sheet after investigation – The power is undoubtedly conferred to prevent abuse of process of power of any court. (Para 21 to 23)
SUPREME COURT OF INDIA
2024 STPL(Web) 185 SC
[2024 INSC 233]
A.M. Mohan Vs. State Represented By Sho And Another
Criminal Appeal No. 1716 of 2024 (Arising out of SLP(Criminal) No. 9598 of 2022)-Decided on 20-03-2024
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