Penal Code, 1860: s. 420 – Cheating and dishonestly inducing delivery of property – Necessary ingredient of s. 420 – Held: To make out a case against a person for the offence u/s. 420, there must be a dishonest inducement to deceive a person to deliver any property to any other person – On facts, no allegation at all against accused-appellant of any inducement by her to deceive and to deliver the gold jewellery – Allegations of dishonest inducement and cheating against her husband – Thus, it cannot be said that she has committed any offence u/s. 420 for which she is chargesheeted – Thus, the High Court erred in not quashing the criminal proceedings against appellant – In view thereof, the criminal proceedings against the appellant for the offence u/s. 420 is quashed – Code of Criminal Procedure, 1973 – s. 482.
Partly allowing the appeal, the Court
HELD : As per Section 420 IPC, whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, can be said to have committed the offence under Section 420 IPC. Therefore, to make out a case against a person for the offence under Section 420 IPC, there must be a dishonest inducement to deceive a person to deliver any property to any other person. In the instant case, there is no allegation at all against accused-appellant of any inducement by her to deceive and to deliver the gold jewellery. The allegations of dishonest inducement and cheating are against her husband-accused. Therefore, considering the allegations in the FIR/complaint as they are, and in the absence of any allegation of dishonest inducement by appellant, it cannot be said that she has committed any offence under Section 420 IPC for which she is now chargesheeted. Therefore, the High Court has committed a grave error in not quashing the criminal proceedings against appellant for the offence under Section 420 IPC. This is a fit case where the High Court could have exercised its powers under Section
482 Cr.PC and to quash the criminal proceedings against appellant for the offence under Section 420 IPC. In view thereof, the criminal proceedings against the appellant-accused for the offence under Section 420 IPC is quashed. However, it is clarified that what is quashed is the criminal proceedings for the offence under Section
420 IPC only and not for any other offence(s), if any, committed by the accused. [Para 8, 9][561-D-H; 562-A-B]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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