The central legal point established in the judgment is the interpretation of the elements of cheating and dishonestly inducing delivery of property under Sections 415 and 420 IPC, leading to the quashing of criminal proceedings.

1. The petitioner in the capacity of President of the Arya Samaj and Vidyalaya, Shillong on 25th May, 2013 represented before the Inspector of Schools, East Khasi Hills District, Shillong with a proposal for re-constitution of Managing Committee approved by the “Arya Samaj and Vidyalaya members” in general body meeting held on 25th May, 2003. It is further mentioned that for the last three years only Headmasters of all the sections are conducting the schools under the guidance of Arya Samaj and Vidyalaya President and Inspector of Schools, therefore Committee has to be constituted for Arya Vidyalaya High School (HE Section, ME Section and LP Section) Jhalupara for three years, with effect from, approval of Inspector of Schools. Finally has requested that Managing Committee constituted may be approved in the light of the Memorandum of Association of “Arya Samaj and Vidyalaya”, Shillong. The Inspector of Schools appears to have noticed that the School is run by Managing Committee constituted by “Arya Samaj”. The respondents gaining knowledge of the activities of the petitioner filed a complaint before the Court of Chief Judicial Magistrate, Shillong who has assigned the same to the Judicial Magistrate First Class, Shillong.

2. After examining witnesses as were produced by the complainant (respondents) learned Magistrate while considering the question of framing or otherwise of the charge, after hearing both the parties passed a detailed order dated 8th November, 2017 and has opined that offences punishable under Sections 468/465, 418 IPC are not made out whereas on the basis of the material prima facie, commission of offence punishable under Sections 417/420 IPC are made out. While observing so learned Magistrate has recorded that the accused person (petitioner herein) has shown that the Managing Committee has been constituted for the School Arya Vidyalaya Proceeding High School whereas the materials in record reveal that the “Arya Vidyalaya High School, Jhalupara” is run by “Arya Samaj”. Accordingly, in pursuance of the said order has framed charges against the accused on 12th February, 2018 for commission of offence under Sections 417/420 IPC.

3. The petitioner (accused) has filed the instant composite petition under Sections 379 and 482 Cr.P.C. praying for setting aside order dated 12th February, 2018 and also for quashing the entire proceedings. Preliminary objection was raised by learned counsel for the respondents to the effect that the basic order dated 8th November, 2017 passed by learned Magistrate in pursuance whereof charge has been framed, has not been assailed, said contention is repelled as the learned counsel would submit that the petition may be treated under Section 482 Cr.P.C.

4. While admitting the petition under Section 482 Cr.P.C., the question arise for determination is as to whether continuation of criminal proceedings will cause miscarriage of justice or will amount to abuse of the process of the Court. According to learned counsel for petitioner the petitioner as President of the “Arya Samaj and Vidyalaya”, Shillong had represented before the Inspector of Schools on 25th May, 2003 for approval of the Managing Committee of Arya Vidyalaya Proceeding High School which has not been accepted. The petitioner has neither forged any documents nor acted fraudulent and dishonestly that is why learned Magistrate has opined that Sections 468/465, 418 IPC are not applicable. The opinion of learned Magistrate that offences under Sections 417/420 IPC are prima facie made out is incorrect because there was no criminal act nor there was any attempt to commit any crime. “Arya Samaj and Vidyalaya”, Shillong has been registered under the Societies Registration ACT XXI of 1860 in the year 1956-57, Patta is also in the name of the petitioner.

5. Perusal of the records reveal that in the year 1979 on a representation of the President of the “Arya Samaj Shillong” which has been established in the year 1935. Director of Pu