Can a wife be accused of cheating, (420) for the husband 's criminal act ?

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Can cheating Case be Quashed if no Allegation of Dishonest Inducement is made ?

It is very commonly observed that in order to exert pressure, especially in cheating cases, a wife is made an accused for a criminal act of her husband. Police also generally toe that line of action and unnecessarily, innocent wife is dragged into problems.

Courts are reluctant too to give any relief at this stage of investigation. However, in a significant development, the Supreme Court has ruled that to make out a case against a person for an offence under Section 420 of the Indian Penal Code, 1860 there must be a dishonest inducement to deceive a person to deliver any property to any other person.

In Rekha Jain Vs The State of Karnataka & Anr., the Respondent No. 1 in the present appeal (original complainant), had lodged a complaint against one Kamalesh Mulchand Jain, alleging, inter ¬alia, that by misrepresentation, inducement and with an intention to cheat, the said Kamalesh Mulchand Jain had taken away 2 kg and 27 grams of gold jewellry.

Thereafter, an FIR was registered for the offence under Section 420 of the Indian Penal Code, 1860 and at the time of investigation, it was found that Rekha Jain, the wife of the accused was absconding and the gold jewellery, taken away from the original complainant by her husband Kamalesh Mulchand Jain, was with her.

Therefore, the investigation was carried out against her as well. Rekha Jain approached the Hon’ble Karnataka High Court by way of a Petition under Section 482 of the Code of Criminal Procedure, 1973, however, the Hon’ble Karnataka High Court refused to quash the criminal proceedings/FIR.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated September 15, 2020 passed by the Hon’ble Karnataka High Court at Bengaluru in Criminal Petition No. 3442/2020, by which, the Hon’ble Karnataka High Court had dismissed the said criminal petition and had refused to quash the FIR/criminal proceedings against Petitioners.

Offence of cheating under Section 420 of Indian Penal Code

To make out a case against a person for the offence under Section 420 of the Indian Penal Code, 1860, there must be a dishonest inducement to deceive a person to deliver any property to any other person.

In the present case, there is no allegation at all against accused Rekha Jain 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.

Therefore, considering the allegations in the FIR/complaint as they are, and in the absence of any allegation of dishonest inducement by Rekha Jain, it cannot be said that she has committed any offence under Section 420 of the Indian Penal Code, 1860 for which she has been charge-sheeted.

Allowing the appeal, the Hon’ble Supreme Court observed that the Hon’ble Karnataka High Court should have exercised its powers under Section 482 of the Code of Criminal Procedure, 1973 to rightfully quash the criminal proceedings against Rekha Jain for the offence under Section 420 of the Indian Penal Code, 1860, for which she stands wrongfully accused.

The Hon’ble Karnataka High Court has in fact committed a grave error in not quashing the criminal proceedings against Rekha Jain, this being a fit case for exercise of their powers in this regard.

This decision will go a long way in protecting thousands of innocent wives being implicated in false and frivolous 420 cheating cases, everyday throughout the country and must come as an eye opener for police authorities, who knowingly or unknowingly become party in this kind of planned and planted allegations.

Dr. Ajay Kummar Pandey

( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )
Advocate & Consultant, Supreme Court of India & High Courts

4C Supreme Law International, Delhi, NCR. Mumbai & Dubai
Tel: M- 91- 9818320572. Email: editor.kumar@gmail.com

Facebook: /4Clawfirm, /legalajay/ Linkedin: /ajaykumarpandey1/ Twitter:  /editorkumar / Youtube: c/4cSupremeLaw/ Insta: /editor.kumarg

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Get paid without insurance for Covid death

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News You Can Use.

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कोरोना में पैरेंट्स को राहत:सुप्रीम कोर्ट ने कहा- स्कूल चलाने का खर्च कम हुआ, इसलिए ऑनलाइन क्लासेस की फीस घटानी चाहिए

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Big Day: Big News

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रेमडेसिविर की कालाबाजारी में प्रख्यात न्यूरो सर्जन सहित 3 गिरफ्तार, इंजेक्शन की बड़ी खेप और 36 लाख रुपये बरामद

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Are you ready?

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Can winking and Blowing kisses land you in Jail ?

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Setback for Britannia Industries as Delhi HC junks trademark infringement plea against ITC Limited

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नोएडा, गाजियाबाद से दिल्ली में लग रहे जाम पर सुप्रीम कोर्ट हुआ सख्त, जारी किया नोटिस

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UNHOLY HOLI, Will Holi land you in Jail ?

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क्रिप्टोकरेंसी को सरकार ने किया स्वीकार! कंपनियों को देना होगा हर लेन-देन का हिसाब

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Reservation more than 50 per cent is need of hour: Maharashtra

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आईटीआर में खामी रह जाने पर इनकम टैक्स 7 तरह के नोटिस जारी करता है, जानिए इनका मतलब

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Person Who Has Not Drawn The Cheque Cannot Be Prosecuted U/s 138 NI Act Even In Case Of Joint Liability: Supreme Court

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Didda Copyright Row: दिद्दा कॉपीराइट विवाद पर मुश्किल में कंगना, कोर्ट के आदेश पर एक और FIR दर्ज

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फैसला: सुप्रीम कोर्ट ने किराएदार पर लगाया एक लाख का जुर्माना, अद्भुत मामला दिया करार

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चेतावनी! 15000 रुपए का कटेगा चालान और 2 साल की होगी जेल, अगर गाड़ी में किया यह काम

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Oyo lost arbitral battle

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पत्नी कोई गुलाम या संपत्ति नहीं, पति के साथ रहने के लिए मजबूर नहीं किया जा सकता- सुप्रीम कोर्ट

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किसी को शादी के लिए झूठा वादा नहीं करना चाहिए, चाहे पुरुष हो या महिला: सुप्रीम कोर्ट

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How to jump the corporate ladder by selling Gossip at 15 Crore ?

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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पिता की संपत्ति में मिलता है बराबरी का हिस्‍सा, हर बहू-बेटी को पता होने चाहिए अपने ये अधिकार

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उत्तराधिकार पर सुप्रीम कोर्ट का बड़ा फैसला, महिला का मायका पक्ष भी परिवार का हिस्सा

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Act beyond Act: CSR

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स्किन से स्किन टच के बिना सेक्सुअल असॉल्ट का मामला नहीं... हाई कोर्ट के इस फैसले के खिलाफ महिला आयोग सुप्रीम कोर्ट पहुंची

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Decriminalisation of the Limited Liability Partnership Act

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Budget 2021: Key changes in GST to help small and medium- sized businesses

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1 to 5 crore loan without colletral made easy: Budget 2021

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Is GST is becoming a headache for you.

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Moment of rare pride

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बिहार पुलिस के सर्कुल ने बिहार प्रेस बिल की याद दिला दी है

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Italy court orders Facebook to pay $5 million in damages for copying app

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Foreigner To Deposit Cash Amount For Bail

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How legal is COVID-19 vaccine ?

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WhatsApp's private chat leaked on Google, anyone can read your personal talks

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Do you know 18 must Laws for every Indian?

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Why should I trust you or your business?

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Do you need clearance from your RWA to employ your maid?

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क्या तलाकशुदा पत्नी घरेलू हिंसा अधिनियम के तहत निवास के अधिकार का दावा कर सकती है?

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SC grants Woman's Right to Residence Under the Domestic Violence Act

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Corporate War: Cookie King who fought with TATA and Ambani

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HINDU MARRIAGE ACT : DIVORCE GRANTED TO HUSBAND ON THE GROUND OF MENTAL CRUELTY CAUSED BY WIFE

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Facebook love or chat can land you in Jail

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Financer can take way Car in case of payment default

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18000 Crore Company, 8000 Crore personal worth, wife & sons living in street

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Do you love your wife and children?

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When the second marriage of a married woman / man becomes an offense under section 494

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Is Rhea Chakraborty guilty?

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Daughters have equal right in ancestral property

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Is second wife entitled for share in Property?

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How to save your hard-earned wealth from legal hassles?

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What will happen to property of Hindu after his death?

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Are you safe at home?

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Can sex with your own wife land you in jail ?

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Can you land in jail for sharing Obscene Message online in private?

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Legally speaking who discovered America?

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47 years old legal dispute finally decided

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Are you a victim of Covid-19 Goonda Raj? Part-2

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Are you a victim of Covid-19 Goonda Raj ?

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Can RWA stop your maid from coming to your home?

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Can you escape Contractual Obligation under Covid-19?

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Coronavirus: Is vaccine found for India Inc?

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Is Wife Entitled to Maintenance Even If She Runs A Business & Earns Income?

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Who will pay rent for lockdown period?

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Legal consequences of being whatsapp group admin

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