Indian Penal Code, 1860
Sections 419, 420, 467, 468 & 471—Cheating and forgery—Application to quash criminal proceedings—Case is arising out of a registered power of attorney purportedly executed by accused in favour of one in the year 2008—After a period of more than a decade it has now been alleged that applicant was not empowered to executed the said power of attorney and it was a piece of fraud and forgery—Civil suit was filed between parties in the year 2012, which on the basis of a compromise, was withdrawn—Even considering the statement of complainant recorded under Section 161 of CrPC, the ingredients of offences are not made out—There is no element that applicant has dishonestly induced the complainant to deliver any property as well as since power of attorney has not been challenged for last about 15 years before any Civil Court, only on the basis of statement of complainant recorded under Section 161 of CrPC, offence under Section 420 and 468 of IPC are not even prima facie made out—No ingredients of offence such as deception of a person, fraudulently inducing any person to deliver any property and dishonest intention, are present—Similarly ingredients of forgery are also not made out since only allegation is that power of attorney could not be prepared due to a legal impediment and applicant was not empowered to execute it, which would fall short to make out an offence of forgery—Investigation in present case appears to be conducted in a very casual manner—Observation made by the Apex Court in A.M. Mohan v. State represented by SHO, 2024 SCC Online 339 that there is a growing tendency to conduct purely civil dispute into criminal cases—Fit case where in exercise of inherent power under Section 482 of CrPC, the impugned charge-sheet and cognizance and summoning order can be quashed since it is an outcome of investigation which appears to be very casual in nature and dispute between parties is of civil in nature, which could not be given a criminal angle, only to harass accused i.e. applicant as well as ingredients of offences levelled are not made out—Impugned charge-sheet, summoning order and all further proceedings are quashed—Application allowed.
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