If No Allegation of Dishonest Inducement Is Made Against Accused, the Cheating Under Section 420 IPC is Liable to be Quashed

The Supreme Court in the case Rekha Jain vs State of Karnataka observed that there must be a dishonest inducement to deceive a person to deliver any property to any other person for making out a case against a person for the offence under Section 420 of the Indian Penal Code, 1860 Rekha Jain, the accused in the case there is no allegation at all against her 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 – Kamalesh Mulchand Jain. and in the absence of any allegation of dishonest inducement by Rekha Jain, and while considering the allegations in the FIR/complaint as they are it cannot be said that the accused has committed any offence under Section 420 of IPC for which she is now charge sheeted. Section 482 of Cr.PC which allow to quash the criminal proceedings against Rekha Jain for the offence under Section 420 of IPC, the court further observed by Allowing the appeal, the High court observed that the Court should have exercised its powers under Section 482 of Cr.PC. Section 420 of IPC states 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 of IPC. Therefore, to make out a case against a person for the offence under Section 420 of IPC, there must be a dishonest inducement to deceive a person to deliver any property to any other person. the gold jewellery, which was taken away from the complainant, by contending this the State opposed the appeal. The accused, Rekha Jain that when there are no allegations of inducement by the accused, it cannot be said that the accused has committed any offence as alleged for the offence under Section 420 of IPC, observed by the Apex Court. The entire allegations are against the accused, Kamalesh Mulchand Jain Referring to the complaint. and FIR that the bench while observing the entire allegations noticed that there are no allegations whatsoever to the effect that the accused Rekha Jain induced the complainant to part with the gold jewellery as the investigation was carried out against her also a petition was filled in the Karnataka High Court under section 482 of Cr.PC to quash the FIR against her for the offence under Section 420 of IPC as the Apex Court and the High Court refused to quash the criminal proceedings/FIR.