Madhya Pradesh High Court
Amit Tirpathi vs The State Of Madhya Pradesh on 26 July, 2018
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C No. 4022/2015
(Shri Amit Tripathi & Ors. Vs. The State of M.P.& ors.)
Gwalior, Dated 26/7/18
None appears for the parties.
Lawyers are abstaining from work.
1. The inherent powers of the court u/S. 482 Cr.P.C. are
invoked seeking quashment of FIR dated 11/4/15 bearing
crime No. 128/15 registered at Police Station Jhansi Road
District Gwalior alleging offences punishable u/Ss. 384,
420, 467, 468, 471 and 120 B of IPC.
2. Record is perused.
3. The FIR lodged by the prosecutrix/respondent No.2
alleges that she resides with her father in Vijyanagar Palace campus and she knew accused Amit Tripathi who was pursuing his academic career at Jiwaji University. Prosecutrix further alleges that six months back the said accused Amit Tripathi met her at Chetakpuri Petrol Pump and threatened her that he would not allow the marriage proposal of the prosecutrix with other person to turn into reality. The prosecutrix was scared and therefore, disclosed the said incident to his family members after few days. The father of the prosecutrix then talked with family members of co-accused Amit (Yogesh Tripathi, Smt. Sudha Tripathi, Dimple Balothia and Shri Gautam Balothia who are all accused in the case). These family members it is alleged in the FIR did not pay any heed to the objections made by the father of the prosecutrix. It is further alleged that these co-accused (family members of accused Amit) threatened the father of the prosecutrix of dire consequences if the 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C No. 4022/2015 (Shri Amit Tripathi & Ors. Vs. The State of M.P.& ors.) marriage of the prosecutrix is materialized with any person other than accused Amit. In January/February-2015, the father of the prosecutrix was invited by the accused. The accused demanded Rs. 20 Lakhs from the father of prosecutrix with the threat that if the demand is not met, they would not allow the marriage of the prosecutrix to take place. The FIR further alleges that in the premises of the high court immediately after the proceedings in W.P. No. 1357/15 (writ petition seeking issuance of writ of habeas corpus) falsely filed by the accused against the father of prosecutrix, similar threat was extended. FIR lastly states that the threats of similar nature continued to be extended by accused against the prosecutrix and her family members and that false and forged documents were also prepared by exercise of fraud and conspiracy to blackmail the prosecutrix and her family members.
4. The material on record does not reflect that any chargesheet has been filed till date.
5. The offences alleged by the prosecution in FIR are u/Ss. 384, 420, 467, 468, 471 and 120-B of IPC. 5.1 The first offence is u/S. 384 of IPC which relates to extortion defined in section 383 of IPC which is reproduced below for ready reference and convenience.
"Extortion.--Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion". Illustrations 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C No. 4022/2015 (Shri Amit Tripathi & Ors. Vs. The State of M.P.& ors.)
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z's child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note.
A has committed extortion.
(c) A threatens to send club-men to plough up Z's field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion".
5.2 Extortion can be alleged when it is found that fear of injury to the victim or any other person in exercised to dishonestly induce to part with any property or valuable security or anything singed or sealed which may be converted into a valuable security, commits the offence of extortion.
5.3 When the facts of the case are tested on the anvil of the aforesaid definition of extortion, it inter alia reveals that prosecutrix and her father was put to threat of dire consequences and of injury if the amount of Rs. 20 Lakhs was not paid and therefore, prima facie it appears that the offence of extortion punishable u/S. 384 is made out. 5.4 The other offences are of cheating and forgery which 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C No. 4022/2015 (Shri Amit Tripathi & Ors. Vs. The State of M.P.& ors.) do not have any supportive imputation in the FIR except the prosecutrix alleging that certain forged documents were prepared in furtherance of the conspiracy hatched to extort money from the prosecutrix and her family members.
5.5 Since investigation is pending and the possibility of further evidence coming on record in support of the allegation of cheating and forgery cannot be ruled out, this court merely because of FIR not elaborately alleging the offence of cheating and forgery refrains from making any comment and interference.
6. As regards the offence of criminal conspiracy u/S. 120 B of IPC is concerned, the same is defined u/S. 120-A of IPC which is reproduced below for ready reference and convenience:-
"120A. Definition of criminal conspiracy.--When two or more persons agree to do, or cause to be done,--
(1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
Explanation.--It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object."
Criminal conspiracy arises when two or more persons agree to do, or cause to be done, an illegal act or an act which is not illegal by illegal means, such an agreement is 5 THE HIGH COURT OF MADHYA PRADESH M.Cr.C No. 4022/2015 (Shri Amit Tripathi & Ors. Vs. The State of M.P.& ors.) designated to be criminal conspiracy.
7. An agreement between the co-accused to commit an offence of extortion against the prosecutrix and her father prima facie reflects presence of ingredients of offence of criminal conspiracy.
8. In view of above discussion, it is evident that the FIR prima facie reflects the basic ingredients of the offence of extortion, cheating and forgery alongwith criminal conspiracy as alleged and the possibility of further evidence coming on record in support of these allegations in view of the investigation being pending cannot be ruled out, therefore, this court in absence of any injustice or failure of justice, declines interference and rejects the present petition.
(Sheel Nagu) Judge ojha Digitally signed by YOGENDRA OJHA Date: 2018.07.28 16:17:00 -07'00'