Case Note & Summary
The present application was filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.11196013210062 of 2021 registered with Sama Police Station, Vadodara City, dated 04.03.2021, for alleged offences under Sections 406, 420 and 114 of the Indian Penal Code, 1860. The applicant was named as accused No.4 in the FIR. The FIR was lodged by respondent No.2 (the complainant) alleging that the complainant's father was cheated by various astrologers and others. The complainant alleged that his father had taken a shop on rent, later vacated after receiving Rs.11 lakhs. In 2018, the family took a loan of Rs.7 lakhs from a finance company, and later an advertisement was published to sell the house for Rs.40 lakhs. The father approached an astrologer named Hemant Joshi (accused No.1) who deceitfully obtained Rs.35,000 for performing black magic. Subsequently, another astrologer Swaraj Jyotish (accused No.2) was approached, who instructed the complainant to dig in the kitchen, revealing a copper pot with gold ornaments and a pot with bones. Accused No.2 demanded Rs.13,50,000 for performing black magic, for which a loan of Rs.15 lakhs was taken. In April 2019, the house was sold for Rs.25 lakhs, out of which Rs.14 lakhs was given to accused No.2. Later, accused No.3 was contacted and given Rs.2 lakhs for rituals. The applicant (accused No.4) was allegedly involved at the instance of accused No.2. The court examined the FIR and found that there were no specific allegations against the applicant. The FIR merely mentioned the applicant's name without attributing any specific role or overt act. The court held that the ingredients of offences under Sections 406, 420 and 114 IPC were not made out against the applicant. The court observed that continuing the proceedings would be an abuse of the process of law. Accordingly, the court allowed the application and quashed the FIR and all consequential proceedings against the applicant.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The High Court quashed the FIR against the applicant (accused No.4) as there were no specific allegations attributing any role to him in the alleged cheating and criminal breach of trust. The court held that continuing the proceedings would be an abuse of process of law. (Paras 1-10) B) Indian Penal Code - Cheating and Criminal Breach of Trust - Sections 406, 420, 114 IPC - Prima Facie Case - The court found that the FIR did not disclose any specific role of the applicant in the alleged offences. The allegations were general and vague, and the applicant was merely named as accused No.4 without any overt act. Held that no prima facie case was made out against the applicant. (Paras 2-10)
Issue of Consideration
Whether the FIR and the proceedings arising therefrom against the applicant (accused No.4) for offences under Sections 406, 420 and 114 of the Indian Penal Code should be quashed in the absence of any specific allegations or prima facie case.
Final Decision
The application is allowed. The FIR No.11196013210062 of 2021 registered with Sama Police Station, Vadodara City and all consequential proceedings arising therefrom are quashed and set aside qua the present applicant.
Law Points
- Quashing of FIR
- Lack of prima facie case
- No specific allegations
- Criminal breach of trust
- Cheating
- Abetment
