Gujarat HC Refuses To Quash Cheating FIR Against Sadhavi Accused Of Duping Man Of ₹1.25 Crores Taken On Pretext Of Clearing His Land

The Gujarat High Court refused to quash a 2017 FIR for cheating and criminal breach of trust lodged against a Sadhavi (female monk) accused of duping a man of approximately Rs. 1.255 crores taken on the pretext of clearing his land which was acquired by the State Housing Board. 

Observing that prima facie allegations were made out, the court referred to the FIR and noted that upon the trust given by the petitioner-Sadhavi, the man (first informant) had also entrusted 16.200 kg of gold to her, which she allegedly took and ran away with.

Noting that 10 identical FIRs were lodged against the petitioner, the court said that no case was made out for it to exercise its inherent jurisdiction. Justice J C Doshi in his order said,

"...Prima facie ingredients of criminal breach of trust defined under Section 405 of IPC as well as Section 415 i.e. deceiving any person fraudulently or dishonestly are attracted in the case on hand. Upon the trust given by the petitioner, the first informant has entrusted 16.200 Kg of gold to the petitioner Sadhavi and then she took the gold and run away with 16.200 Kg of gold. She has deceived the first informant fraudulently and dishonestly and got delivery of 16.200 Kg of gold and did not pay the amount for the same. Looking to all these facts and more particularly the fact that ten identical cases have been lodged against the petitioner, this Court is of the opinion that the petitioner has failed to put a case where the Court should exercise inherent power."

Court further observed that it cannot, at this juncture, be said that 'lame prosecution' has been launched against the petitioner. "The very nature of the material available on which the FIR rests prima facie justifies the allegations. It cannot be said that filing of FIR against the petitioner is abuse of process of law. The record discloses commission of the cognizable offence and prima facie ingredients of offences are satisfied and therefore, such criminal proceedings cannot be quashed merely because some civil wrongs are also attracted," the court added.

The complainant Navalgiri Jayantigiri Gosai claimed that the land of his friend Subhash who is the first informant was acquired by Gujarat Housing Board and he wanted to see that land is cleared and released from Gujarat Housing Board. It was alleged that petitioner gave assurance that she has political acquaintance and acquaintance with officers and she would see to it that land is cleared. It was alleged that first informant gave Rs.1.25 Crores to the petitioner; after a passage of time when no action was taken, the first informant approached the petitioner but the petitioner under different pretexts did not meet  him and he was given threats of dire consequences.

The complainant then filed the FIR under Sections 406(punishment for criminal breach of trust), 420 (cheating) and 506(Punishment for criminal intimidation). Against this the petitioner moved the high court for quashing. 

The counsel for petitioner contended that a person of ordinary prudence would not lend such a huge amount to the petitioner–being a Sadhavi who has renounced the normal life–and hence the FIR is vexatious and frivolous.

Perusing the provisions of the law as well as Supreme Court decisions the court observed that it finds no reason to scuttle the FIR at the initial stage, and went on to dismiss the plea.  

Case title: SADHVIJI JAYSHRIGIRI GURU JAGDISHGIRI Versus STATE OF GUJARAT & ANR.

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