Continuation of criminal proceedings is an abuse of process where complaint lacks necessary ingredients of alleged offences against the accused, resulting in quashing of proceedings.

CAV ORDER

In this criminal petition, petitioner seeks for the following reliefs:-

“a. Quash the complaint dated 21.03.2017 filed by the Respondent in P.C.R. No.4693/2017 (Annexure - A);

b. Quash the order dated 26/05/2018 passed by IV Additional Chief Judicial Magistrate, Bangalore (now before the III Additional Chief Judicial Magistrate, Bangalore) taking cognizance of the offences punishable under Section 403 , 405 and 420 read with Section 34 of IPC in P.C.R. No.4693/2017 and thereby issuing process and registration of C.C. No.15069/2018 (Annexure - B); and

c. Quash the entire proceedings in C. C. No. 15069/2018 pending against the Petitioner for the offences punishable under Section 403 , 405 and 420 read with Section 34 of IPC before the (Annexure - B & B1); or

d. Grant such other relief/s as this Hon'ble Court deems fit, in favour of the Petitioner, to meet the ends of Justice.”

2. Heard learned Senior counsel for the petitioner and learned counsel for the respondents and perused the material on record.

3. Briefly stated, the facts giving rise to the present petition as contended by the petitioner are as under:

The petitioner is arraigned as accused No.3 in the impugned proceedings in C.C.No.15069/2018 pending on the file of III ACJM, Bangalore, arising out of a private complaint in PCR No.4693/2017 filed by the respondent – complainant before the Trial Court for the alleged offences punishable under Sections 403 , 405 and 420 r/w Section 34 of the IPC . In the impugned proceedings, one Anand M. Patel is arraigned as accused No.1 while the petitioner’s husband Mehul J. Patel is arraigned as accused No.2. It is contended that the marriage between the petitioner and her husband – accused No.2 was dissolved by a decree for divorce by mutual consent dated 05.10.2023 passed in M.C.No.5675/2023 by the Family Court, Bengaluru. By the impugned order dated 26.05.2018, the Trial Court took cognizance of the alleged offences against the petitioner – accused No.3, who is before this Court seeking quashing of the impugned order and proceedings as well as the complaint filed against her and for other reliefs.

4. Learned Senior counsel for the petitioner would reiterate various contentions urged in the petition and referred to the material on record in order to contend that in addition to the fact that there was a long, unexplained and inordinate delay of more than three years on the part of the respondent in filing the complaint dated 10.04.2017 in relation to alleged transactions as against the petitioner – accused No.3, the impugned complaint contains vague, bald, omnibus and general allegations, which do not disclose the commission of the alleged offences by the petitioner. It is contended that the necessary ingredients constituting the offences punishable under Sections 403 , 405 and 420 by the petitioner are not made out against her and the entire complaint is primarily directed against accused Nos.1 and 2 and the petitioner being wife of accused No.2 has been unnecessarily dragged into the impugned proceedings. It was also submitted that the respondent – complainant had already instituted civil proceedings against the petitioner and other accused in a civil suit in O.S.No.3039/2017 in respect of the very same subject matter and the impugned proceedings seeking to give a criminal colour/texture/flavor to the civil dispute between the parties is impermissible in law and deserve to be quashed. It was further submitted that offences of cheating and criminal breach of trust or antithesis to one another and the impugned proceedings qua petitioner - accused No.3 after having already instituted other criminal proceedings