LexABHISHEK SAXENA versus THE STATE OF UTTAR PRADESH & ANR
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[2023] 16 S.C.R. 1126 : 2023 INSC 1088 1126 CASE DETAILS ABHISHEK SAXENA v. THE STATE OF UTTAR PRADESH & ANR. (Criminal Appeal No.3628 of 2023) NOVEMBER 28, 2023 [C.T. RAVIKUMAR AND SANJAY KUMAR, JJ.] HEADNOTES Issue for consideration: Whether the chargesheet submitted showed prima facie case u/ss. 323, 384 and 406, IPC for voluntarily causing hurt, for extortion and for criminal breach of trust; Whether the High Court has fallen in error in not invoking the powers u/s. 482, Cr.P.C. to quash the proceedings qua the appellant. Penal Code, 1860 β ss.323, 384 and 406 β Code of Criminal Procedure, 1973 β s.482 β An FIR was registered against the appellant, his parents and relatives on 04.09.2016 alleging commission of offences u/ss. 323, 363, 384 and 406 of the IPC β Subsequently, charge sheet was filed for offences u/ss. 323, 384 and 406 of the IPC β An application u/s. 482 CrPC was filed seeking quashment of the FIR β The High Court declined to exercise the power u/s. 482 CrPC and consequently dismissed the petition qua the appellant β Propriety: Held: The unrefuted position of facts reveal that the appellant had already ο¬ led a petition for dissolution of his marriage with the second respondent-complainant and also application u/ss. 7, 10 and 17 of the Guardians & Wards Act, 1890 for declaring him as the guardian of the minor daughter on 16.05.2016 β Whereas, the FIR in question was ο¬ led on 04.09.2016 β On perusal of materials on record, the necessary ingredients to attract the oο¬ ences u/ss. 323, 384 and 406 of the IPC qua the appellant were not found β As relates the allegation of commission of oο¬ ence u/s. 323, IPC besides the bald statement that when complainant asked appellants-accused about her daughter, they had beaten her, there 1127 is no material whatsoever to support the allegation causation of hurt is available on record much less voluntary causation of hurt β There is no material on record that after the incident she went to a doctor or underwent any kind of treatment β There is no statement that injury report was prepared β The basic ingredients to constitute an oο¬ ence u/s. 323, IPC is not satisο¬ ed β As relates the alleged commission of oο¬ ence u/s. 384, IPC, the twin ingredients that (i) Intentionally putting a person in fear of injury to himself or another; (ii) Dishonestly inducing the person so put to deliver to any person any property or valuable security, are not satisο¬ ed β Considering the accusation of commission of oο¬ ence u/s. 406, IPC, the essential ingredients to constitute an oο¬ ence u/s. 406, IPC are: (i) Entrusting any person with property or with any dominion over property; (ii) the person entrusted (a) dishonestly misappropriating or converting to his own use that property; or (b) dishonestly using or disposing of that property or willfully suο¬ ering any other person so to do in violation β (i) of any direction of law prescribing the mode in which such trust is to be discharge, or; (ii) of any legal contract made touching the discharge of such trust, are also not satisο¬ ed β The High Court has clearly fallen in error in not invoking the powers u/s. 482, CrPC to quash the proceedings qua the appellant. [Paras 5, 6, 9, 10, 11, 12] OTHER CASE DETAILS INCLUDING IMPUGNED ORDER AND APPEARANCES CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.3628 of 2023. From the Judgment and Order dated 23.10.2019 of the High Court of Judicature at Allahabad in A482 No.471 of 2018. Appearances: Vinod Prasad, Sr. Adv., Ajay Kumar Srivastava, Dhirendra Kumar, Bijender Singh, Devvrat Rana, Pawan Tyagi, Mrs. Sanno Kumar, Ms. Jyoti Tiwary, Advs. for the Appellant. Divyesh Pratap Singh, Rajat Singh, Chandra Shekhar Suman, Sarthak Chandra, Arun Pratap Singh Rajawat, Advs. for the Respondent. ABHISHEK SAXENA v. THE STATE OF UTTAR PRADESH & ANR. 1128 SUPREME COURT REPORTS [2023] 16 S.C.R. JUDGMENT / ORDER OF THE SUPREME COURT ORDER Leave granted. 1. This appeal is directed against the order dated 23.10.2019 passed by the High Court of Judicature at Allahabad in Criminal Misc. Application No. 471 of 2018. 2. FIR No. 839 of 2016 was registered at Sector 49 Noida, Police Station against the appellant, his parents and relatives on 4.9.2016 alleging commission of oο¬ ences under Sections 323, 363, 384, and 406 of the Indian Penal Code. The charge sheet was subsequently ο¬ led on 22.8.2017 in respect of commission of oο¬ ences under Sections 323, 384 and 406 I.P.
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