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2025 Supreme(Telangana) 606
IN THE HIGH COURT OF TELANGANA
ANIL KUMAR JUKANTI, J.
Miss Nikita More - Appellant
Versus
The State of Telangana - Respondent
Criminal Petition No.15122 of 2024
Decided On : 13-03-2025
Advocate Appeared:
For the Appellant : Miss Nikita More
For the Respondent: The State of Telangana
The court ruled that the lack of essential elements in the allegations under IPC Sections 420 and 506 necessitated the quashing of proceedings against the petitioners.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita - Section 528 - Indian Penal Code - Sections 420 and 506 - Petition to quash proceedings for cheating and criminal intimidation - Ingredients of Section 420 not established as the complaint lacks essential elements including fraudulent inducement and mens rea. (Paras 15, 17, 20)
(B) Judicial Remand - Allegations of coercion and blackmailing in relationship context, wherein respondent asserted threats from petitioners leading to a complaint due to prior judicial remand. (Paras 4, 20)
Facts of the case:
The petitioners, accused of threatening and extorting the complainant after a failed romantic proposal, lodged counter allegations following judicial remand of the complainant due to a previous false complaint. (Paras 4, 10)
Findings of Court:
The court found that the complaint's allegations lacked substantive backing, failing to establish necessary ingredients for offences under IPC Sections 420 and 506. (Paras 17, 20)
Issues: The core question was whether the allegations met the required legal elements for establishing cheating and criminal intimidation under pertinent sections of IPC. (Paras 20)
Ratio Decidendi: The court determined that the absence of necessary ingredients in the complaint precluded the application of Section 420, leading to the quashing of proceedings against petitioners. (Paras 20)
Result: The Criminal Petition is allowed.
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 3 , 4 , 5 , 6 , 7) |
| 2. court observations and reasoning (Para 2 , 8 , 11 , 13 , 15 , 17 , 19) |
| 3. parties' arguments regarding claims (Para 9 , 10 , 12) |
| 4. legal definition and requirements for ipc offenses (Para 16 , 18) |
| 5. court's decision to quash the proceedings due to frivolous nature. (Para 20) |
| 6. final order quashing the case (Para 21) |
ORDER :
Anil Kumar Jukanti, J.
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘ BNSS ’) by petitioners/accused Nos.1 to 3 to quash the proceedings against them in CC.No.1433 of 2024 on the file of I Additional Metropolitan Magistrate Medchal-Malkajgiri District. The offences alleged against petitioners are under Sections 420 and 506 of the INDIAN PENAL CODE (for short ‘IPC’).
2. Heard Mr. Sarthak Godiyal, learned counsel representing learned counsel for petitioners and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for respondent No.1 – State. Perused the material on record.
3. An FIR.No.370 of 2024, dated 06.06.2024, was lodged in Neredmet Police Station, on the basis of a complaint referred by the I Additional Metropolitan Magistrate Medchal-Malkajgiri District, vide Lr.Dis.No.601 of 2024, dated 10.05.2024. A criminal complaint was lodged under Section 200 Cr.P.C., for offences under Sections 420 , 383, 406, 120-B and 506 of IPC. Respondent No.2 prayed the Court to refer the above complaint to the Neredmet Police Station, requesting to register an FIR against petitioners/accused Nos.1 to 3.
4. The gist of the complaint is that petitioner No.1/accused No.1 and respondent No.2 are classmates while studying at college. That accused No.1 proposed love to respondent No.2 in the month of January, 2022. But respondent No.2 refused proposal and maintained a neutral relationship. It is further stated in the complaint that accused No.1 filed a false complaint against respondent No.2 before the Neredmet Police Station vide Cr.No.436 of 2023, dated 15.05.2023, under Section 376(2)(n), 417, 420 and 312 of IPC. On the basis of the said complaint, respondent No.2 was sent to judicial remand for a period of 33 days and thereafter released on bail.
5. It is stated in the complaint that accused No.1 along with her mother/accused No.2 and her sister (an advocate)/accused No.3 started threatening respondent No.2 to clear their financial debts. It is further stated that respondent No.2 was made a scapegoat and that he was honey trapped. After judicial remand, petitioners/accused Nos.1 to 3 threatened and abused respondent No.2 in filthy language. It is further stated that the complaint lodged earlier by accused No.1 is a false complaint and that petitioners/accused Nos.1 to 3 are threatening respondent No.2 that they will implicate him and his family members in further cases, if respondent No.2 does not marry accused No.1. That on 04.02.2024, accused No.1 blackmailed respondent No.2 to marry her. That respondent No.2 received a call from his friend that accused No.1 tried to commit suicide and immediately respondent No.2 went to accused No.1’s home and took her to hospital.
6. That on 10.04.2024, at 4:00 p.m., accused No.1 came to respondent No.2’s house, but the house was locked and accused No.1 tried to break open the lock of respondent No.2’s house, (information from neighbours). That he went to Kushaiguda Police Station and tried to lodge a complaint against accused, but, Police refused to register. It is further stated in the complaint that on 10.04.2024, at 10:30 p.m., accused Nos.1 to 3 along with Mahila Sangam members came to the house of respondent No.2 at Neredmet and created ruckus, demanded money and damaged the reputation of respondent No.2 and his family members. Immediately respondent No.2 dialed 112 and complained by the time Police reached there, that all the persons left threatening him. It is also stated that on 11.04.2024, respondent No.2 approached Neredmet Police Station,
