Bhawna Jain v. State of Uttar Pradesh 2025 INSC 1217 - Cheating Case Quashed
Code of Criminal Procedure 1973 – Section 482 [Section 528 BNSS] - While allowing appeal and quashing criminal proceedings, SC observed:The second complaint was filed without disclosing the factum of the filing and withdrawal of the first complaint concerning the same dispute Even in the chargesheet filed in pursuance of the FIR in question, there is no mention of the filing and withdrawal of the first complaint for the same dispute. The chargesheet did not elucidate as to how the case was made out against the appellant -Even in the cognizance and summoning order passed by the Court below, no reasons have been assigned as to how a case is made out against the appellant, who was merely a guarantor to the loan, which, after the death of the husband of the appellant, stands settled. From the facts as notices above no case for summoning the appellant in the complaint was made out- the present appeal deserves to be allowed as continuation of the proceedings against the appellant, in pursuance of the FIR in question will amount to abuse of process of law. (Para 9-10)
Case Info
- Case name: Bhawna Jain v. State of Uttar Pradesh and Another.
- Neutral citation: 2025 INSC 1217.
- Coram: Justice Rajesh Bindal; Justice Prashant Kumar Mishra.
- Judgment date: September 16, 2025.
- Case number: Criminal Appeal No. 4415 of 2025 (arising out of S.L.P. (Crl.) No. 2241 of 2023).
Statutes/laws referred
- Indian Penal Code (IPC): Sections 406, 420, 504, 506, and references to 409.
- Code of Criminal Procedure (CrPC): Sections 156(3), 202, 203.
- Procedural actions: FIR registration, police investigation report, chargesheet, cognizance and summoning orders, quashing of proceedings.
