Code of Criminal Procedure, 1973 – s.482 – Criminal proceedings u/ss.406, 420, 467, 468, 471 and 120-B IPC – Six accused including appellants-accused –Allegation in FIR that one co-accused had misappropriated complainant’s and other persons’ monies whereafter the property in question was attached in the year 1998-199 against the amounts due; and in the year 2019, the property was purchased by the appellants – High Court declined to quash criminal proceedings against the appellants – Justification of – Held: Not justified – Main allegations were against the coaccused – Only allegation against the appellants was that they purchased the property in question – Even from the averments and allegations in the FIR, no prima facie case made out against the appellants – To continue criminal proceedings against the appellants would be an abuse of process of law and the Court, and unnecessary harassment to the appellants – Criminal proceedings quashed insofar as appellants are concerned – IPC – ss.406, 420, 467, 468,
471 and 120-B.
Allowing the appeal, the Court
HELD:1. Having perused the allegations in the complaint/F.I.R., it can be seen that the main allegations are against the other co-accused. The only allegation against the appellants is that they have purchased the property in question, which was attached in the year 1998-1999 against the amounts due and payable to the depositors, who had deposited in Kuber Mutual Benefits Ltd. between 1998-1999. It is to be noted that the property has been purchased by the appellants in the year 2019. Nothing is brought on record that at the time when the property was purchased by the appellants, the attachment was continued and/or any attachment was registered. There are no allegations that the appellants are related to the other co-accused. Even from the averments and the allegations in the F.I.R., it cannot be said that there is any prima facie case made out against the appellants for the offences under Sections 406, 420, 467, 468, 471 and 120B IPC. The main allegations are against other co-accused. Therefore, to continue the criminal proceedings against the appellants would be an abuse of process of law and the Court and unnecessary harassment to the appellants, who seem to be the purchasers of the property on payment of sale consideration. In the above facts and circumstances of the case, the High Court ought to have exercised its powers and discretion under Section
482 Cr.P.C. and ought to have quashed the criminal proceedings against the appellants. [Para 6][512-G-H; 513-A-D]
2. The criminal proceedings for offences under Sections 406, 420, 467, 468, 471 and 120-B IPC, including the charge sheet are hereby quashed and set aside in so far as the appellants are concerned. [Para 7][513-D-E]
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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