MP High Court Quashes Cheating Case Against Advocate Who Represented His Son

In Suresh Prasad Khare v. The High Court of Madhya Pradesh, the Madhya Pradesh High Court quashed criminal proceedings against advocate Suresh Prasad Khare, who had been accused of committing fraud on the court by appearing as counsel for his son in a criminal matter where both were co-accused.

A Division Bench comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf set aside the order of a Judicial Magistrate First Class, Jabalpur, which had earlier refused to discharge the advocate from proceedings under Section 417 of the Indian Penal Code.

The dispute arose from an FIR registered in 2017 at Jatara Police Station, Tikamgarh, for alleged cheating under Section 420 IPC. While the case was initially filed against Rupesh Khare, his father, advocate Suresh Prasad Khare, was later added as a co-accused. During separate quashing proceedings before the High Court, Suresh Khare appeared as legal counsel for his son, leading to allegations that he had concealed material facts and improperly represented a co-accused.

The High Court, however, found no evidence of fraud or intentional concealment. The Bench noted that the son’s quashing petition had been filed before dismissal of the petitioner’s own plea, making allegations of suppression factually incorrect.

The Court also clarified that Rule 13 of the Bar Council of India Rules does not prohibit an accused advocate from appearing for a co-accused unless he is likely to become a witness. Holding that no offence of cheating was made out, the Bench quashed all pending criminal proceedings against the advocate.