In this case of alleged misappropriation of monies of complainant and others, main allegations are against other co-accused, the only allegation against the appellant is that they have purchased the property. Even from averments s and allegations in the FIR, it cannot be said that there is a prima facie case made out against appellants. In the facts and circumstances of the case, it was held that to continue criminal proceedings against both appellant-accused herein would be abuse of process of law and court and unnecessary harassment to appellants. Hence, High Court ought to have exercised its powers and discretion under S. 482 CrPC and ought to have quashed criminal proceedings against appellants. Hence, criminal proceedings under Ss. 406, 420, 467, 468, 471 and 120-B IPC including charge-sheet, quashed and set aside insofar as appellants herein are concerned.

[Rekha Jain v. State of U.P., (2022) 3 SCC 497]

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