Case Note & Summary
The petitioner, Gladys D Almeida, accused No.1, filed a petition under Section 482 Cr.P.C. seeking quashing of FIR in Crime No.47/2018 registered by Mangalore North Police Station on 29.03.2018 for offences under Sections 406, 420, 465, 467, 468, 471 r/w 34 IPC. The respondent No.2, Carmeline Pereira, the mother-in-law of the petitioner, filed the complaint alleging that after the murder of her son Everest Pereira on 14.09.2005, the petitioner and other accused persons committed criminal breach of trust, cheating, and forgery in respect of the deceased's property and bank accounts. The petitioner contended that the dispute was purely civil in nature regarding inheritance and that she, as the wife and nominee, was entitled to operate the accounts. The court, after hearing arguments, held that the allegations did not disclose any criminal intent or dishonest intention necessary for the offences alleged. The dispute was essentially a civil dispute between family members over property and bank accounts. The court quashed the FIR and all proceedings against the petitioner, observing that continuation of criminal proceedings would be an abuse of process of law.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Inherent Powers under Section 482 Cr.P.C. - Abuse of Process - The court considered whether the FIR registered for offences under Sections 406, 420, 465, 467, 468, 471 r/w 34 IPC should be quashed as the dispute between the parties was essentially civil in nature relating to property and bank accounts after the death of the husband. Held that where the allegations do not disclose any criminal intent or dishonest intention and the dispute is purely civil, continuation of criminal proceedings would be an abuse of process of law, warranting quashing. (Paras 1-5) B) Indian Penal Code, 1860 - Sections 406, 420, 465, 467, 468, 471 - Criminal Breach of Trust, Cheating, Forgery - Essential Ingredients - The court examined whether the allegations in the FIR made out the essential ingredients of the offences. It was held that the complainant's allegations regarding the petitioner's actions in operating bank accounts and dealing with property after the husband's death did not disclose any dishonest inducement, fraudulent intent, or criminal breach of trust, as the petitioner was the wife and nominee. The dispute was essentially a civil dispute over inheritance and property rights. (Paras 3-5)
Issue of Consideration
Whether the FIR and criminal proceedings against the petitioner-accused No.1 for offences under Sections 406, 420, 465, 467, 468, 471 r/w 34 IPC should be quashed on the ground that the dispute is civil in nature and lacks criminal intent.
Final Decision
The petition is allowed. The FIR in Crime No.47/2018 registered by Mangalore North Police Station and all proceedings pending on the file of the II Additional Senior Civil Judge and CJM, Mangaluru City, are quashed against the petitioner-accused No.1.
Law Points
- Criminal proceedings can be quashed when dispute is predominantly civil in nature
- no criminal intent is made out
- and continuation would be an abuse of process of law. Sections 406
- 420
- 465
- 467
- 468
- 471 IPC require dishonest intention or fraudulent act
- which is absent in family property disputes.
