Court holds that allegations in FIR do not prima facie constitute offences under IPC Sections 406, 420, 120B, and 506; exercise of inherent powers under Cr.P.C. Section 482 prevents abuse of legal process
In a significant judgment delivered on September 7, 2026, the Punjab and Haryana High Court, through Justice Manisha Batra, quashed the FIR No. 279 dated November 25, 2016, registered at Police Station Parao, Ambala Cantt. The FIR was initially lodged under Sections 365, 406, 420, and 120B of the Indian Penal Code (IPC), involving allegations of abduction, criminal breach of trust, cheating, and criminal conspiracy in a family dispute concerning the custody of two children taken to Italy.
The case arose from a complaint filed by Sita Rani, who alleged that her children were taken away without her consent by her husband Gurjit Singh, his mother Harjinder Kaur, sister-in-law Inderjeet Kaur, and other family members. The complainant stated that the children were sent to Italy ostensibly for education, but she was later misled and threatened to relinquish custody. The FIR was registered based on these allegations, and charges were framed against Inderjeet Kaur under Sections 420 (cheating) and 506 (criminal intimidation) IPC.
The petitioners contended before the High Court that the FIR and subsequent criminal proceedings constituted an abuse of the legal process as the allegations did not disclose the essential elements of the offences alleged. They emphasized that the foundational charge under Section 365 (kidnapping or abduction) had already been deleted during the investigation. Furthermore, they pointed out that the complainant had earlier given an affidavit consenting to the children’s travel to Italy, negating the claim of unauthorized removal.
The State and complainant opposed the quashing, asserting that material collected during investigation supported the charges and that the children were taken pursuant to a conspiracy.
After detailed examination, the Court relied on the well-established principles governing the exercise of inherent powers under Section 482 of the Criminal Procedure Code (Cr.P.C.), which is parimateria with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Citing the landmark Supreme Court ruling in State of Haryana v. Bhajan Lal (1992), the Court reiterated that such powers can be exercised to prevent abuse of process or secure ends of justice when allegations in the FIR do not prima facie disclose the commission of any offence.
Applying these principles, the Court observed:
- For Section 406 IPC (criminal breach of trust), there was no entrustment of any property by the complainant to the accused; custody of children does not amount to property entrustment.
- For Section 420 IPC (cheating), the essential ingredient of dishonest inducement to deliver property was absent as the custody of children is not property and the complainant had consented to their travel.
- The conspiracy charge under Section 120B IPC was too vague and lacked specific material demonstrating an agreement to commit an offence.
- The charge under Section 506 IPC (criminal intimidation) was general and lacked particularity regarding the threat allegedly made.
The Court further noted that while charges were framed against Inderjeet Kaur, no charges were framed or challans presented against other petitioners residing in Italy. The continuation of proceedings against all petitioners would amount to abuse of the legal process given the absence of essential offence ingredients.
Consequently, the High Court allowed the petitions and quashed the FIR and all consequential proceedings against the petitioners. The Court clarified that the dispute primarily concerned custody and travel of children, which did not constitute the offences alleged under the IPC sections invoked.
This judgment underscores the judiciary’s role in safeguarding against the misuse of criminal law in familial disputes and highlights the importance of stringent scrutiny of allegations before allowing criminal proceedings to continue, especially under Section 482 Cr.P.C. and its counterpart in the Bharatiya Nagarik Suraksha Sanhita, 2023.
Bottom Line:
Power under Section 482 Cr.P.C. (pari materia with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023) can be exercised to prevent abuse of process of law or to secure the ends of justice when allegations in the FIR and material on record do not disclose the essential ingredients of the offences alleged.
Statutory provision(s):
Criminal Procedure Code, 1973 Section 482, Indian Penal Code Sections 365, 406, 420, 120B, 506, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
Inderjit Kaur v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2973719
