IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA ON THE 19^th OF MARCH, 2024 MISC. CRIMINAL CASE No. 3333 of 2024 BETWEEN:-

DEEPIKA @ PIHU TRIVEDI D/O SHRI MANOJ TRIVEDI, AGED ABOUT 23 YEARS, FLAT NO. A2/1102, PURVANCHAL CITY, GREATER NOIDA, GAUTAM BUDDHA NAGAR (UTTAR PRADESH)

.....PETITIONER (BY SHRI VARUN TANKHA - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION AZAD NAGAR, DISTRICT INDORE (MADHYA PRADESH)

2. STATE OF MADHYA PRADESH THROUGH MINISTRY OF HOME AFFAIRS VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

3. SHRI NARENDRA KUMAR JOSHI S/O DURGA PRASAD JOSHI, AGED ABOUT 67 YEARS, 145 PINK CITY INDORE (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI MUKESH PARWAL – GOVERNMENT ADVOCATE SHRI VIVEK PANDEY – ADVOCATE FOR RESPONDENT NO.3)

This application coming on for admission this day, the court passed the following:

Signature Not Verified Signed by: SHILPA

ORDER

This petition under Section 482 of the Cr.P.C. has been preferred by the petitioner / accused for quashing the FIR registered vide Crime No.460/2019 at Police Station – Azad Nagar, District – Indore against her for offences punishable under Section 420 and 34 of the IPC, the charge- sheet filed in the matter and further subsequent proceedings arising from the FIR.

02. As per the prosecution, on 03.09.2019 a complaint was lodged by the complainant / respondent No.3 with the Police to the effect that he lives in Pink City, Indore and has retired from ONGC and has received Rs.50,00,000/- as retiral dues which he has deposited in fix deposits in various banks. The accused including the present petitioner came to his house and told him on 04.02.2018 that their firm M/s. S.B.M. Beer Enterprises would give attractive returns in case of investment being made in the same. He believed them. Co-accused Manoj Trivedi, father of the petitioner told him that he is a high ranked official in the Parliament and Central Government and knows many influential persons and if he invests in his company, his money would be doubled in a year. Relying upon them he made over a sum of Rs.25,00,000/- to the accused on 28.05.2018. Likewise he deposited a sum of Rs.13,00,000/- in the bank account of the accused for being sold a BMW Car of 2014 model but instead they gave him a BMW Car of 2006 model. The car has as yet not been transferred in his name nor has an amount been returned. The car is still registered in the name of co-accused, Manoj Trivedi. He demanded back his amount from the accused on a number of occasions but they did not do so stating that they have made him a partner in S.B.M Beer Enterprises. When he made enquiries, he found out that he has not been Signature Not Verified Signed by: SHILPA made a partner. The accused have hence cheated him of a total sum of Rs.38,00,000/- and are not returning the same to him.

03. On lodging of the complaint by the complainant, investigation was commenced by the Police during the course of which statements of various witnesses were recorded including that of the complainant and the FIR was registered. After completion of the investigation, charge-sheet has been filed by the Police before the Court concerned for the aforesaid offences.

04. Learned counsel for the petitioner has submitted that initiation and continuation of the proceedings against the petitioner is a gross abuse of process of law. Even if the entire allegations as leveled in the complaint are taken to be true at their face value no offence is made out against the petitioner. No specific overt act has been attributed to her in the entire transaction. The allegations are against the firm in which investment was made by the complainant. No amount has ever been given by the complainant to the petitioner and she never had any direct dealings with him. It is purely a civil dispute between the complainant and the firm whose partners have also not been added as an accused. The petitioner has been implicated solely for the reason that she