In Brief
Rekha Jain was charged under Section 420 IPC (cheating) for allegedly taking gold jewellery from the complainant. The allegation was actually against her husband Kamalesh Mulchand Jain, who took the jewellery through misrepresentation and cheating. Rekha sought to quash the proceedings against her. The Supreme Court held that to constitute Section 420 IPC, there must be personal dishonest inducement by the accused to deceive someone into delivering property. Since no allegation of inducement by Rekha existed—all allegations concerned her husband—she could not be prosecuted under Section 420 IPC. The Court quashed proceedings against her for that offence."
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