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Supreme Court of India 2021-03-01 partly_allowed

Archana Rana vs State of Uttar Pradesh and another

Bench: 2 — M.R. Shah

In Brief

Archana Rana was accused of cheating (Sections 419, 420 IPC) and assault/intimidation (Sections 323, 504, 506 IPC) after her husband allegedly took Rs. 5 lakhs from the complainant for a job that never materialized. The Supreme Court held that the cheating allegations were directed only at the husband; the FIR contained no averment that Archana herself induced the complainant or received money. Since the essential ingredient of "dishonest inducement" by the appellant was absent, the Court quashed proceedings under Sections 419 and 420. Proceedings under Sections 323, 504, 506 (assault and threats) were allowed to continue on their merits.

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Criminal Procedure Cheating and Fraud Criminal Intimidation Quashing of Proceedings Ingredients of Offences

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