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Supreme Court of India 2022-02-03 allowed

Rekha Jain and Anr vs State of Uttar Pradesh and Ors

Bench: 2 — M.R. Shah

In Brief

Rekha Jain and Minakshi Jain, accused of criminal breach of trust, forgery and cheating, appealed against the High Court's refusal to quash criminal proceedings. The two appellants had purchased a property in 2019. The prosecution alleged the property was attached in 1998-1999 against certain claims. However, the Supreme Court found that: no attachment existed when appellants purchased the property; the main allegations concerned other co-accused; and no prima facie case was made out against the appellants. The Court held that continuing proceedings against bona fide purchasers would be abuse of process and accordingly allowed the appeal, quashing the criminal proceedings.

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Criminal Procedure Abuse of Process Property Transaction Bona Fide Purchaser Quashing of Proceedings

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