Criminal Proceedings Quashed: Essential Ingredients of Sections 420 and 323 IPC Not Met.

The petitioners filed a criminal miscellaneous petition invoking Section 528 of B.N.S.S. to quash criminal proceedings, including an order dated July 31, 2023, by the S.D.J.M., Ghatsila.

The S.D.J.M. had found a prima facie case against the petitioners for offenses under Sections 323, 420, and 34 of the Indian Penal Code (IPC) in connection with Complaint Case No. 104 of 2019.

The allegations included that the petitioners claimed to have purchased land belonging to the complainant's mother in 1993 using a forged sale deed, despite the complainant having subsequently sold the land to another individual in 2018, and that the petitioners had threatened and abused the complainant.

Whether the allegations made against the petitioners, even if taken as true in their entirety, constitute the offense punishable under Section 420 of the Indian Penal Code, even with the aid of Section 34 IPC.

Whether the allegations made against the petitioners, even if taken as true in their entirety, constitute the offense punishable under Section 323 of the Indian Penal Code, even with the aid of Section 34 IPC.

The court applied the legal definition of cheating under Section 420 of the Indian Penal Code, requiring "deceit" (dishonest or fraudulent misrepresentation) and "inducing the person so deceived to part with property".

The legal definition of cheating under Section 420 of the Indian Penal Code was reiterated in Ram Narayan Popli vs. Central Bureau of Investigation.

For the offense of voluntarily causing hurt under Section 323 of the Indian Penal Code, the court focused on the essential ingredients of the accused "voluntarily caus[ing] bodily pain, disease or infirmity to the victim" with the "intention of causing hurt or with knowledge that he would thereby cause hurt to the victim".

The court also considered the application of Section 34 of the Indian Penal Code, which provides for common intention.

Regarding Section 420, the court found no allegation that the petitioners induced the complainant to part with any property or engaged in dishonest or fraudulent misrepresentation.

Therefore, even assuming all allegations were true, the elements for Section 420, with or without Section 34 IPC, were not met.

Concerning Section 323, the court observed a complete absence of any allegation that the petitioners caused bodily pain, disease, or infirmity to the victim or anyone else.

Thus, even if the allegations were taken as true, the requirements for Section 323, with or without Section 34 IPC, were not satisfied.

The court concluded that since neither of the alleged offenses was made out, the continuation of criminal proceedings against the petitioners would be an abuse of the process of law.

It held that since the essential ingredients for offenses under Sections 420 and 323 of the Indian Penal Code (even with the aid of Section 34 IPC) were not met by the allegations against the petitioners, the entire criminal proceeding, including the order dated July 31, 2023, passed by the S.D.J.M., Ghatsila in Complaint Case No. 104 of 2019, was quashed and set aside qua the petitioners.