No prima Facie case made out – Criminal proceedings Quashed - SC

Respondent No.2 complainant moved an application under Section 156(3) Cr.P.C. on the directions F.I.R registered under Sections 406, 420, 467, 468, 471 and 120-B IPC   against six accused persons including the appellants.

Complainant stated in the F.I.R. that one Arun Kumar Maheshwari (co-accused) misappropriated complainant's and other persons’ monies ostensibly towards deposit in

monies back due to which, the property in question was attached by and was given in custody  

one Kuber Mutual Benefits Ltd. (in the year 1998-1999), and fled from Hapur without returning the to the complainant and one Bijendra Maheshwari, and now the accused have fraudulently sold the property in question to the co-accused / appellants Smt. Rekha Jain and Smt. Minakshi Jain Appellants and other co- accused approached the High Court to quash the criminal proceedings in exercise of powers under Section 482 Cr.P.C.  By the impugned judgment and order, the High Court has dismissed the said application. Hence the accused, Smt. Rekha Jain and Smt. Minakshi Jain have preferred the present appeal.

Appellants contended on the ground that they were the bona fide purchasers of the property in question, which was neither an attached property nor a subject matter of any dispute at the time it was purchased and allegations in the F.I.R./complaint, no case is made out against the appellants for the offences alleged except the allegation that the appellants have purchased the property, which is alleged to be an attached property.

Apex Court observed that it can be seen that the main allegations were against the other co-accused. The only allegation against the appellants is that they have purchased the property in question, which was attached in the year 1998-1999.  It is to be noted that the property has been purchased by the appellants in the year 2019. Nothing is brought on record that at the time when the property was purchased by the appellants, the attachment was continued and/or any attachment was registered.  There are no allegations that the appellants are related to the other co- accused Arun Kumar Maheshwari and others. Even from the averments and the allegations in the F.I.R., it cannot be said that there is any prima facie case made out against the appellants for the offences under Sections 406, 420, 467, 468, 471 and 120-B IPC.

Criminal proceedings quashed against appellants.

D.D:- FEBRUARY 03, 2022.

Smt. Rekha Jain and Anr. Versus The State of Uttar Pradesh and Ors.