Order:

This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioner/A-2 to quash the proceedings in C.C.No.1730 of 2022 on the file of the learned IV Additional Chief Metropolitan Magistrate at Visakhapatnam.

2. A charge sheet has been filed as against the petitioner and others for the offences under Sections 420, 468, 471, 109, 511 r/w 34 IPC.

3. Brief facts of the case are that A1 raised a death claim on 20.07.2017 with the ICICI Prudential Life Insurance Company stating that her husband died on 1st of July, 2017 due to chest pain and furnished death certificate of her husband. On verification, it was found that husband of A1 died on 30.10.2014 itself due to heart attack i.e. before issuance of the insurance policy. Thus, A1, with the assistance of other accused, cheated the company by producing fake certificates with a view to extract money fraudulently.

4. Learned counsel for the petitioner contends that except stating that on 07.12.2021, A1 brought the petitioner herein/A.2 and appeared before the LW12-Sub Inspector of Police, there is absolutely nothing stated as against the petitioner herein.

5. On the contrary, Learned Special Assistant Public Prosecutor contends that A1 and A2 devised a plan to misappropriate the funds of ICICI Prudential Life Insurance Company by using fake documents, and there are specific accusations as against the petitioner and truth or otherwise of the same has to be decided during the course of trial.

6. Heard. Perused the record.

7. A perusal of material on record goes to show that, A1 made an application to the ICICI Prudential Life Insurance Company raising death claim of her husband on 20.07.2017, wherein she stated that her husband died on 01.07.2017 due to chest pain and further furnished a death certificate to prove the same. The company officials had done internal investigation and came to a conclusion that the husband of A1 in fact died on 30.10.2014 due to heart disease i.e. even before issuance of the insurance policy. In respect of the same, the company secured details of the death of the A1’s husband and the same has been procured from the website of Ministry of Health and Family Welfare. A2, in collusion with the A1, had devised a plan in order to misappropriate the funds. In that connection, on 11.02.2015, A2 approached the insurance office and applied for one policy in the name of husband of A1 who was actually died by that time when the application has been made and thereafter, the petitioner herein paid an amount of Rs.10,309/- showing that the said Setti Ramunaidu who is husband of A1 is alive for a policy. During that time, it is obligatory on the part of A3 to verify the said policy whether the policy holder is alive or not. Since A3, who, in collusion with the A1 and A2, allowed the Policy No.19146132 in the employee code of 2nd respondent who has actually resigned to her position as an agent at the time of commencement of the policy. On 20.07.2017, A1 applied for the claim that her husband died on 01.07.2017 and submitted a fake death certificate of her husband. Accordingly, the field investigation of Insurance Company conducted enquiry and found that the policy holder Setti Ramunaidu actually died on 30.10.2014 which is before commencement of the policy.

8. A perusal of entire claim of A1 and A2 goes to show that with a view to misappropriate the funds of ICICI Prudential Life Insurance Company Limited, A1 and A2 came out with a fake version that the husband of A1 did not die on the date mentioned in the application made to the Insurance Company. To that extent, there is clear accusation in the charge sheet that has been made as against the petitioner herein. Truth or otherwise of the said accusation has to be decided during the course of trial. The defenses raised by the learned counsel for the petitioner are disputed questions of fact which are to be agitated before the trial Court as a defense.

9. In view of the aforesaid facts and circumstanc