The Bombay High Court allowed a writ petition seeking quashing of the FIR for the alleged offences punishable under Sections 376, 377, 498A, 354, 506(2), 420, 406, r/w 34 of the Indian Penal Code. A division bench of this Court comprising Hon’ble Justice Revati Mohite Dere and Hon’ble Justice Prithviraj K. Chavan held that the allegations against the applicant, in no manner, make out a case of cheating.
Brief Facts:
The petitioner was an Assistant General Manager, serving in the Bank of India. He was arraigned as an accused in a case. Respondent no.1 is the victim whose marriage was solemnized with Ankit Kaushal Kumar. After her marriage, she was subjected to physical and mental cruelty as well as the demand for jewelry, cash, etc. by her husband and in-laws. The only role attributed to the petitioner is that he acted as a middle-man in introducing the two families of the bride and bridegroom.
The petitioner is in no way related to any of the parties. There are no other allegations against him in the first information report as well as in the statement of the victim.
Contentions of the Petitioner:
The Learned Counsel for Petitioner argued that despite repeatedly asking the learned APP as well as the Investigating Officer who is present in Court, none could justify how the applicant can be arraigned as an accused in this crime, even remotely. This is nothing but an abuse of the process of law by the Investigating Officer which cannot be countenanced.
Contentions of the Respondent:
The Learned Counsel for the Respondent argued that the applicant has cheated the Respondent by exploiting her father sentimentally praising her husband and in-laws that they are decent, cultured and, refined and that, the boy has also a very good job in a foreign country.
Observations of the Court
The Court observed that the allegations against the applicant herein are baseless and without any substance. The allegations made in the FIR and the final report under Section 173 of the Cr.P.C., even if, are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the applicant. The allegations are absurd and inherently improbable based on which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the applicant.
The decision of the Court:
The Bombay High Court, allowing the petition, held that the alleged acts of the petitioner cannot be said to be the offences attracting ingredients of Sections 406 or 420 of the Indian Penal Code. Hence, the charge sheet filed for the alleged offences against the petitioner is quashed and set aside.
Case Title: Shailendra Kumar Dubey vs XYZ & Anr.
Coram: Hon’ble Justice Revati Mohite Dere and Hon’ble Justice Prithviraj K. Chavan
Case no.: WRIT PETITION NO. 5296 OF 2021
Advocate for the Petitioner: Mr. Jasmin Purani
Advocate for the Respondent No.1: Mrs. P.P. Shinde
Read Judgment ;
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