Sections 420, 468 & 471 IPC and Section 12(b) of the Passports Act 1957 – Allegations of father about his forged signatures by wife on the application aimed at obtaining the minor’s child passport.

Act of forging signatures of father by the mother on the application aimed at obtaining the minor’s child passport, whether amounts to inducing the father to relinquish any property or valuable security?

Respondent no.2 is alleged to have abandoned his wife applicant and the minor child.  The wife filed comlaint of physical and mental torture. In the background of marital dispute, the husband filed complaint of his forged signatures by the mother on the application of minor child for passport.

Crime for offence under Section 420 of IPC on the allegations of the father that his signatures were made by estranged wife-mother on the application of their minor for passport in the background of marital dispute between the parents.   Similarly, the offence of forgery under Section 468 of the IPC postulates use of document for cheating.  Section 471 speaks about fraudulent and dishonest use of forged documents as genuine

There is no element of cheating.   There is no indication whatsoever that the Appellant no.1 ever endeavoured to deceive or induce the respondent no.2 into parting with his movable or immovable  property or valuable security either for her benefit or the child.   The sum and substance of the above discussion is that the elementary ingredients of cheating and orgery are conspicuously missing.   Thus, the continuation of the criminal proceedings against the appellants is nothing but an abuse of the process of law.

The cognizance of offence under Section 12(b) of the Passports Act, 1957, can be taken only at the instance of the prescribed authority.

The criminal proceedings were quashed and cost of Rs.1,00,000/- was imposed on the respondent no.2.

Judgment dated 22.1.2024 in Criminal Appeal No.335 of 2024 of Mariam Fasihuddin & another Vs. State by Adugodi Police Station & another