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2024 Supreme(SC) 258

B. R. GAVAI, RAJESH BINDAL, SANDEEP MEHTA
A. M. Mohan – Appellant
Versus
State Represented by SHO – Respondent


Advocates appeared:
For the Petitioner(s): Mr. S. Nagamuthu, Sr. Adv. Mr. S. Hariharan, Adv. Mr. S. Sathiaseelan, Adv. Mr. Amaan Shreyas, Adv. Ms. Mannat Tipnis, Adv. Mr. Anshul Syal, Adv. Ms. Bhavana Duhoon , AOR
For the Respondent(s): Mr. V. Krishnamurthy, Sr. A.A.G. Mr. D. Kumanan, AOR Mr. Sheikh F. Kalia, Adv. Mrs. Deepa. S, Adv. Mr. G. Ananda Selvam,Adv. Ms. Lakshmi Ramamurthy, AOR

Judgement Key Points

Key Points: - Dishonest inducement is a sine qua non to attract the provisions of Sections 415 and 420 of the IPC (!) (!) . - For an offence under Section 420 of the IPC, the FIR or complaint must show that the ingredients of Section 415 are met, specifically that the person cheated was dishonestly induced to deliver property or alter/destroy valuable security (!) (!) . - The High Court has the power under Section 482 of the Cr.P.C. to quash criminal proceedings even after a charge-sheet has been filed if the allegations do not prima facie disclose the commission of an offence (!) (!) . - Efforts to settle civil disputes by applying pressure through criminal prosecution should be deprecated and discouraged (!) (!) . - In the present case, no role of inducement was attributed to the appellant, and there was no direct transaction between the appellant and the complainant (!) (!) . - The FIR and consequential charge-sheet against the appellant were quashed because they did not disclose the ingredients necessary to attract Section 420 of the IPC (!) (!) (!) . - The Supreme Court set aside the High Court's order dated 15th July 2022, which had previously rejected the appellant's petition to quash the FIR (!) (!) .

What are the essential ingredients to attract the provisions of Sections 415 and 420 of the Indian Penal Code?

What is the scope of the High Court's power under Section 482 of the Cr.P.C. to quash criminal proceedings after a charge-sheet has been filed?


JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The present appeal challenges the order dated 15th July 2022 passed by the learned Single Judge of the High Court of Judicature at Madras in Criminal O.P. No. 20716 of 2020 and Crl. M.P. No. 8763 of 2020, whereby the High Court rejected the petition filed by the present appellant under Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short), to call for the records and to quash the First Information Report (“FIR” for short) registered as Crime No. 21 of 2020, on the file of SHO, District Crime Branch, Kancheepuram, in connection with the offence punishable under Section 420 read with 34 of the Indian Penal Code, 1860 (“IPC” for short).

FACTS

3. Shorn of details, the facts leading to the present appeal are as under:

3.1 The case of the prosecution is that, during the year 2016, accused No. 2-Suresh Prathaban, being a college friend, approached the complainant Karthick Krishnamurthy for some help to clear his hand loan. The accused No. 2 further told that he had business with accused No. 1- Lakshmanan, who is running a hotel and also doing real estate business. Upon the insistence of accused No. 2, the complainant had agreed

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