Prabhu Chawla Vs State of Rajasthan and Anr on 05 Sep 2016

Posted on October 8, 2025 by ShadesOfKnife

Re-affirming Dhariwal Tobaco Products Ltd judgment here, Full bench of Supreme Court held that, A Petition under section 482 CrPC is maintainable even when a Revision is available under 397/401 CrPC.

From Para 4,

4. The facts of these appeals need not detain us because in our considered opinion the view taken by the Rajasthan High Court in the impugned order is contrary to law and therefore matters will have to be remanded back to the High Court for fresh consideration on merits within the scope of inherent powers available to the High Court under Section 482 Cr.P.C. It would suffice to note that in both these appeals, the miscellaneous petitions before the High Court arose out of an order dated 30.11.2006 passed by learned Judicial Magistrate No. 3, Jodhpur in the complaint no. 1669 of 2006, whereby it took cognizance against the appellants under Section 228A of the Indian Penal Code and summoned them through bailable warrants to face further proceedings in the case.

From Paras 6-8,

6. In our considered view any attempt to explain the law further as regards the issue relating to inherent power of High Court under Section 482 Cr.P.C. is unwarranted. We would simply reiterate that Section 482 begins with a non-obstante clause to state: “Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.” A fortiori, there can be no total ban on the exercise of such wholesome jurisdiction where, in the words of Krishna Iyer, J. “abuse of the process of the Court or other extraordinary situation excites the court’s jurisdiction. The limitation is self-restraint, nothing more.” We venture to add a further reason in support. Since Section 397 Cr.P.C. is attracted against all orders other than interlocutory, a contrary view would limit the availability of inherent powers under Section 482 Cr.P.C. only to petty interlocutory orders! A situation wholly unwarranted and undesirable.
7. As a sequel, we are constrained to hold that the Division Bench, particularly in paragraph 28, in the case of Mohit alias Sonu and another (supra) in respect of inherent power of the High Court in Section 482 of the Cr.P.C. does not state the law correctly. We record our respectful disagreement.
8. In our considered opinion the learned Single Judge of the High Court should have followed the law laid down by this Court in the case of Dhariwal Tobacco Products Ltd. (supra) and other earlier cases which were cited but wrongly ignored them in preference to a judgment of that Court in the case of Sanjay Bhandari (supra) passed by another learned Single Judge on 05.02.2009 in S.B. Criminal Miscellaneous Petition No. 289 of 2006 which is impugned in the connected Criminal Appeal arising out of Special Leave Petition No. 4744 of 2009. As a result, both the appeals, one preferred by Prabhu Chawla and the other by Jagdish Upasane & Ors. are allowed. The impugned common order dated 02.04.2009 passed by the High Court of Rajasthan is set aside and the matters are remitted back to the High Court for fresh hearing of the petitions under Section 482 of the Cr.P.C. in the light of law explained above and for disposal in accordance with law. Since the matters have remained pending for long, the High Court is requested to hear and decide the matters expeditiously, preferably within six months.

Prabhu Chawla Vs State of Rajasthan and Anr on 05 Sep 2016

Index of Quash Judgments is here.

Rina Kumari Vs Dinesh Kumar Mahto and Anr on 10 Jan 2025

Posted on October 5, 2025 by ShadesOfKnife

A division bench of Supreme Court held that mere passing of a decree for restitution of conjugal rights at the husband’s behest and non-compliance therewith by the wife would not, by itself, be sufficient to attract the disqualification under Section 125(4) Cr.P.C.

Solution is to use same evidence in maintenance case also, that was used in RCR proceedings and win the maintenance case. Simple…
The judiciary (could!) just delayed the inevitable. That’s all.

From Paras 29 and 30,

29. Thus, the preponderance of judicial thought weighs in favour of upholding the wife’s right to maintenance under Section 125 Cr.P.C. and the mere passing of a decree for restitution of conjugal rights at the husband’s behest and non-compliance therewith by the wife would not, by itself, be sufficient to attract the disqualification under Section 125(4) Cr.P.C. It would depend on the facts of the individual case and it would have to be decided, on the strength of the material and evidence available, whether the wife still had valid and sufficient reason to refuse to live with her husband, despite such a decree. There can be no hard and fast rule in this regard and it must invariably depend on the distinctive facts and circumstances obtaining in each particular case. In any event, a decree for restitution of conjugal rights secured by a husband coupled with non-compliance therewith by the wife would not be determinative straightaway either of her right to maintenance or the applicability of the disqualification under Section 125(4) Cr.P.C.
30. Another contention that was urged before us is that the findings in the judgment for restitution of conjugal rights by the Family Court, being a Civil Court, would be binding on the Court seized of the petition under Section 125 Cr.P.C, as they are to be treated as criminal proceedings. This specious argument needs mention only to be rejected outright. No doubt, in Shanti Kumar Panda vs. Shakuntala Devi20, this Court held that a decision by a Criminal Court would not bind the Civil Court while a decision by the Civil Court would bind the Criminal Court. However, maintenance proceedings are essentially civil in nature and the reason for inclusion of the provisions dealing therewith in the Code of Criminal Procedure was clarified by the Law Commission of India in September, 1969. Significantly, as long back as in the year 1963, in Mst. Jagir Kaur and another vs. Jaswant Singh21, a 3-Judge Bench of this Court held that proceedings under Section 488 of the Code of Criminal Procedure, 1898, the precursor to Section 125 Cr.P.C., are in the nature of civil proceedings; the remedy, being a summary one; and the person seeking that remedy, ordinarily being a helpless person. Therefore, even if non-compliance with an order for payment of maintenance entails penal consequences, as may other decrees of a Civil Court, such proceedings would not qualify as or become criminal proceedings. Nomenclature of maintenance proceedings initiated under the Code of Criminal Procedure, as those provisions find place therein, cannot be held to be conclusive as to the nature of such proceedings.

Rina Kumari Vs Dinesh Kumar Mahto and Anr on 10 Jan 2025

Index of HMA judgments is here. Index of Maintenance Judgments is here.

Rinku Baheti Vs Sandesh Sharda on 19 Dec 2024

Posted on October 4, 2025 by ShadesOfKnife

A division bench of Supreme Court did MCD settlement at 12 Crore rupees.

From Paras 14.4, 14.5 and 14.7,

14.4 In the instant case as well, the petitioner-wife has stated that the respondent-husband is a man of means with a net-worth of Rs.5,000 crores with multiple businesses and properties in USA and in India and that he had paid his first wife at least Rs.500 crores upon separation, excluding a house in Virginia, USA. Thus, she claims permanent alimony commensurate to the status of the respondent-husband and on the same principles as was paid to the first wife of the respondent. The respondent-husband on the other hand is willing to pay a reasonable amount to cover the difference in the income and expenditure of the petitioner-wife, which he feels should be in the range of Rs.20 to 40 lakhs as a one-time lump sum payment. Thus, there is a clear and significant divergence or “mismatch” between the offer and the desire.
14.5 We have serious reservations with the tendency of parties seeking maintenance or alimony as an equalisation of wealth with the other party. It is often seen that parties in their application for maintenance or alimony highlight the assets, status and income of their spouse, and then ask for an amount that can equal their wealth to that of the spouse. However, there is an inconsistency in this practice, because the demands of equalisation are made only in cases where the spouse is a person of means or is doing well for himself. But such demands are conspicuously absent in cases where the wealth of the spouse has decreased since the time of separation. There cannot be two different approaches to seeking and granting maintenance or alimony, depending on the status and income of the spouse. The law of maintenance is aimed at empowering the destitute and achieving social justice and dignity of the individual. The husband is under a legal obligation to sufficiently provide for his wife. As per settled law, the wife is entitled to be maintained as far as possible in a manner that is similar to what she was accustomed to in her matrimonial home while the parties were together. But once the parties have separated, it cannot be expected of the husband to maintain her as per his present status all his life. If the husband has moved ahead and is fortunately doing better in life post his separation, then to ask him to always maintain the status of the wife as per his own changing status would be putting a burden on his own personal progress. We wonder, would the wife be willing to seek an equalisation of wealth with the husband if due to some unfortunate events post-separation, he has been rendered a pauper?
14.7 But the petitioner-wife in the instant case has sought equalisation of status not just with the respondent-husband but also with the ex-wife of the respondent. In our opinion, this cannot be an acceptable approach. The fixation of alimony depends on various factors and there cannot be any straight-jacket formula for the same. Thus, the petitioner cannot simply claim an amount equal to what the ex-wife of the respondent had received or on the basis of the income of the respondent. The Court has to not just consider the income of the respondent-husband here, but also bear in mind other factors such as the income of the petitioner-wife, her reasonable needs, her residential rights, and other similar factors. Thus, her entitlement to maintenance has to be decided based on the factors applicable to her and not depend on what the respondent had paid to his ex-wife or solely on his income.

Rinku Baheti Vs Sandesh Sharda on 19 Dec 2024

Index of Maintenance and Alimony judgments is here.

Parvin Kumar Jain Vs Anju Jain on 10 Dec 2024

Posted on October 1, 2025 by ShadesOfKnife

A division bench of the Apex Court did settlement between parties at around 6 Crore rupees, but at least acknowledged and reproduced Delhi High Court observations. Thanks

From Paras 14 and 15,

14. In this case, the High Court observed that the appellant’s income, primarily from employment and investments, demonstrated his ability to provide for the wife and child’s maintenance adequately. The evidence revealed that the appellant earned over ₹4,00,000 (Rupees four lakhs only) per month
between 2007 and 2016. Although he claimed higher living expenses due to his residence in Mauritius, the High Court found his arguments to be unsubstantiated, as his financial resources allowed him to meet maintenance obligations without undue hardship. The High Court further noted several instances of the appellant’s deliberate attempts to mislead the judicial process. He withheld critical financial documents and selectively disclosed information to conceal the full extent of his wealth. The inquiry into the statutory forms of the appellant revealed that he had investments in mutual funds valued at ₹5.10 crores as early as 2009-2010, significant sums deposited in bank accounts, and other financial transactions that were not initially disclosed.
15. The High Court also identified false representations by the appellant regarding his property and income. He denied ownership of a property located at F-146, Richmond Park, Gurgaon, despite evidence of its ownership and rental income accruing to him. Additionally, the appellant misrepresented his association with Prasham Consultants LLP, wherein he continued to receive financial benefits until his father replaced him in 2016. These findings demonstrated a pattern of deliberate suppression of material facts and assets by the appellant, aimed at minimizing his maintenance liability. Such conduct warranted judicial intervention to ensure justice and provide adequate financial support to the wife and child, reflecting principles of fairness, transparency, and equity. Consequently, the High Court directed the appellant to pay interim maintenance that adequately addressed the needs of the wife and child, proportionate to his financial capacity and consistent with the obligations of a responsible spouse and parent.

From Paras 29

29. The main issue between the parties all these years, since separation, is the quantum of maintenance to be paid by the appellant to the respondent. The issue of maintenance pendente lite is now infructuous with the dissolution of marriage, but the financial interest of the wife still needs to be protected through grant of permanent alimony. The learned senior counsels for the parties have made submissions at length regarding the financial condition of both the parties. In order to establish the correct financial position of both the parties, they have filed their respective affidavits of income and assets as ordered by this Court.

From Para 34,

34. In the present case, it is a matter of record and an admitted fact that the respondent is unemployed while the appellant is a well accomplished banker who has worked in multiple senior roles at various banks over the years. We have perused the records of finances produced before us. Even though the records of the DEMAT accounts and the employment letters produced by the appellant are almost ten years ago or earlier, his financial position can be suitably ascertained from them.

Parvin Kumar Jain Vs Anju Jain on 10 Dec 2024

Citations: [2024 INSC 961], [2024 LiveLaw (SC) 969]

Other Sources:

https://indiankanoon.org/doc/102090299/

https://www.casemine.com/judgement/in/6759168762941119016e16ef

https://www.livelaw.in/supreme-court/permanent-alimony-shouldnt-penalize-husband-but-should-ensure-decent-living-for-wife-supreme-court-lists-out-factors-277959

Parvin Kumar Jain vs Anju Jain Divorce Case

https://testbook.com/recent-judgements/parvin-kumar-jain-vs-anju-jain

https://lawbeat.in/supreme-court-judgments/marriage-be-dissolved-if-succumbed-due-long-standing-differences-supreme-court

PARVIN KUMAR JAIN vs. ANJU JAIN

https://www.lawtext.in/judgement.php?bid=1281

Supreme Court Upholds Financial Security in Marriage Breakdown: A Case Study

Alimony Decoded: 8 Critical Guidelines to Ensure Fair Settlements in Divorce Cases

The impugned Order from the Delhi High Court is below. Few relevant Paras from the said Order follow.

41. The Husband disputes the aforesaid finding on concealment. On behalf of the Husband, it has been strenuously urged that the Family Court though takes note of the affidavit dated 11thMay, 2018 filed by the Husband however, it does not deal with the same. We have carefully gone through the said affidavit. In our view, the said affidavit was yet another attempt on the part of the Husband to mislead the Family Court and conceal particulars of his income as well as assets.
47. On behalf of the Husband, it has been vehemently argued that it is the Wife who has filed false affidavits before this Court to the effect that she lives in a rented house and is paying rent on a regular basis. It is further alleged that the Wife has filed a forged Rent Agreement to claim that she is paying monthly rent to one Ms Sudesh Bansal. It is submitted that the Wife has failed to disclose that the house in which she lives has been transferred by Ms Sudesh Bansal in favour of the Wife’s mother vide registered General Power of Attorney and Agreement to Sell dated 25th June, 2009. On the basis of the aforesaid averments, an application has been filed by the Husband under Section 340 of the Cr.P.C before the Family Court, which is yet to be decided.
49. In our view, the explanation offered by the Wife is plausible. A perusal of the Rent Agreement dated 13th December, 2011 shows that the Wife was paying rent of Rs.11,000/- per month. It is not the case of the Husband that the Wife owns the said property or that she has paid any amount towards the purchase of the said property. There is nothing placed on record which would have us believe that what was apparent was not real. The Husband, in our opinion, is seeking to muddy the waters. The Husband’s concealments have been alluded to above. The Husband’s contentions on this count are, therefore, rejected. In our opinion, this cannot be a ground to deny the lawful maintenance to the Wife.
50. It must be emphasized that the discussion above leaves no doubt in our minds that the Husband has grossly concealed the real income as well as his movable and immovable assets in order to avoid paying the rightful amount of maintenance to the wife. The Family Court has correctly returned findings with regard to the earnings of the husband as well as attempts on the part of the Husband to conceal his real income.

Parvin Kumar Jain Vs Anju Jain on 01 Aug 2024

Index of Maintenance and Alimony cases under HMA is here.

Sanjay D Jain and Ors Vs State of Maharashtra and Ors on 26 Sep 2025

Posted on September 28, 2025 by ShadesOfKnife

A full bench of Apex Court ruled that none of the offences in the FIR were made out against the Petitioners.

From Paras 8-12,

8. Having heard the learned counsel for the parties and having perused the FIR dated 06.02.2022 as well as the final report, we are of the considered opinion that the criminal proceedings initiated against the appellants pursuant to the registration of offence punishable under Sections 498-A, 377 and 506 read with Section 34 of the Penal Code deserve to be quashed.
9. Before examining the FIR along with the complaint of the complainant, we may refer to the parameters that are to be borne in mind while entertaining the prayer for quashing of the FIR. If the allegations made in the FIR or the complaint, even when taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out any case against the accused, quashing of the proceedings would be justified. Vague and general allegations cannot lead to forming of a prima facie case. As regards the ingredients for making out an offence punishable under Section 498-A of the Penal Code is concerned, the requirement is that there has to be cruelty inflicted against the victim which either drives her to commit suicide or cause grave injury to herself or lead to such conduct that would cause grave injury or danger to life, limb or health. The latter part of the provision refers to harassment with a view to satisfy an unlawful demand for any property or valuable security raised by the husband or his relatives. These aspects have been considered in detail in a recent decision in Digambar and Another (supra) (to which one of us, B.R. Gavai, J, as he then was, was a party).
10. A perusal of the FIR and its consideration in entirety indicates that statements of a general nature have been made therein as against the present appellants. The complainant states that on 07.08.2021 when she had gone to her parental house, she had received a call from her mother-in-law raising a demand for clothes and jewellery. When she returned to her matrimonial house on 30.08.2021, she had taken few clothes for the family members. Except this statement, all other statements are of a general nature as well as vague without any particulars. There are other omnibus statements made in the complaint without any particulars whatsoever. It is also to be noted that for the purpose of constituting an offence punishable under Section 498-A of the Penal Code, cruelty as indicated in the Explanation to the said provision must be stated to be inflicted. The cruelty caused by the husband and his family members should be of such nature that it is inflicted with the intention to cause grave injury or drive the victim to commit suicide or inflict grave injury to herself. Such allegations are absent in the present case. We do not find that on a complete reading of the complaint, a prima facie case for proceeding under Section 498-A of the Penal Code has been made out against the appellants.
11. As regards the offence punishable under Sections 377 and 506 read with Section 34 of the Penal Code is concerned, it is seen that the allegations in this regard have been made only against the complainant’s husband and not against the present appellants. The entire tenor of the complaint in that regard seeks to implicate the complainant’s husband and all incidents stated therein relate to him. There is no allegation whatsoever in that context against the appellants that would require them to face trial on that count. The proceedings insofar as the present appellants are concerned, thus, deserve to be quashed in their entirety. In our view, the High Court failed to notice this aspect of the matter while declining to quash the proceedings against the appellants.
12. For the aforesaid reasons, we are satisfied that on the touchstone of the law laid down in State of Haryana and Others vs. Bhajan Lal and Others2, a case has been made out by the appellants for quashing of the criminal proceedings lodged against them under Sections 498-A, 377 and 506 read with Section 34 of the Penal Code. Continuation of these proceedings would amount to an abuse of the process of law and, hence, the appellants are entitled to relief.

Sanjay D Jain and Ors Vs State of Maharashtra and Ors on 26 Sep 2025

Index of Quash judgments is here.

Arshad Neyaz Khan Vs State of Jharkhand and Anr on 24 Sep 2025

Posted on September 25, 2025 by ShadesOfKnife

A division bench of Apex Court held that IPC 420 and IPC 406 offences cannot co-exist simultaneously in the same set of facts as they are antithetical to each other.

From Para 21,

21. Furthermore, it is pertinent to mention that if it is the case of the complainant/respondent No.2 that the offence of criminal breach of trust as defined under Section 405 IPC, punishable under Section 406 IPC, is committed by the accused, then in the same breath it cannot be said that the accused has also committed the offence of cheating as defined in Section 415, punishable under Section 420 IPC. This Court in Delhi Race Club (1940) Limited vs. State of Uttar Pradesh, (2024) 10 SCC 690 observed that there is a distinction between criminal breach of trust and cheating. For cheating, criminal intention is necessary at the time of making false or misleading representation i.e. since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriates the same. Whereas, in case of cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver a property. In such a situation, both offences cannot co-exist simultaneously. Consequently, the complaint cannot contain both the offences that are independent and distinct. The said offences cannot co-exist simultaneously in the same set of facts as they are antithetical to each other.

Arshad Neyaz Khan Vs State of Jharkhand and Anr on 24 Sep 2025

Index of Quash judgments is here.

Pradeep Kumar Kesarwani Vs State of Uttar Pradesh and Anr on 02 Sep 2025

Posted on September 10, 2025 by ShadesOfKnife

A division bench of Supreme Court held as follows in a false rape case,

From Para 13,

13. Having heard the learned counsel appearing for the parties and having gone through the materials on record, we are of the view that the Additional Chief Judicial Magistrate committed an error in passing the summoning order. The High Court too overlooked the relevant aspects of the matter while rejecting the Section 482 application. It is very apparent on a plain reading of the complaint, more particularly, considering the nature of the allegations that the same doesn’t inspire any confidence. There is no good explanation offered, why it took four years for the respondent no.2 to file a complaint.

From Para 20,

20. The following steps should ordinarily determine the veracity of a prayer for quashing, raised by an accused by invoking the power vested in the High Court under Section 482 of the Cr.P.C.:-
(i)Step one, whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the materials is of sterling and impeccable quality?
(ii) Step two, whether the material relied upon by the accused, would rule out the assertions contained in the charges levelled against the accused, i.e., the material is sufficient to reject and overrule the factual assertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false.
(iii) Step three, whether the material relied upon by the accused, has not been refuted by the prosecution/complainant; and/or the material is such, that it cannot be justifiably refuted by the prosecution/complainant?
(iv) Step four, whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of justice?
If the answer to all the steps is in the affirmative, judicial conscience of the High Court should persuade it to quash such criminal – proceedings, in exercise of power vested in it under Section 482 of the Cr.P.C. Such exercise of power, besides doing justice to the accused, would save precious court time, which would otherwise be wasted in holding such a trial (as well as, proceedings arising therefrom) specially when, it is clear that the same would not conclude in the conviction of the accused. [(See: Rajiv Thapar & Ors. v. Madan Lal Kapoor (Criminal Appeal No. 174 of 2013)]

Pradeep Kumar Kesarwani Vs State of Uttar Pradesh and Anr on 02 Sep 2025

Citations: [2025 LiveLaw (SC) 880]

Other Sources:

https://www.livelaw.in/sc-judgments/2025-livelaw-sc-880-pradeep-kumar-kesarwani-versus-the-state-of-uttar-pradesh-anr-303321

https://www.barandbench.com/news/litigation/supreme-court-quashes-false-rape-case-lays-down-four-step-test-to-quash-frivolous-criminal-complaints

https://lawbeat.in/supreme-court-judgments/sc-quashes-rape-complaint-filed-after-4-years-explains-when-promise-of-marriage-is-not-rape-1518116

https://www.theedulaw.in/content/judgements/235/Court-laid-down-a-structured-four-step-test-to-evaluate-applications-for-quashing-criminal-proceedings.-

https://www.courtkutchehry.com/pages/blog/supreme-court-unveils-four-step-test-to-quash-frivolous-criminal-cases/

SUPREME COURT FOUR STEP TEST FOR QUASHING PETITIONS CLARIFIES SECTION 482 CrPC

PRADEEP KUMAR KESARWANI VERSUS THE STATE OF UTTAR PRADESH (Supreme Court)

Index of Quash judgments is here.

Addl DG Adjudication DRI Vs Suresh Kumar and Co Impex Pvt Ltd and Ors on 20 Aug 2025

Posted on September 10, 2025 by ShadesOfKnife

A division bench of Supreme Court held as follows,

From Para 40-43,

40. Applying the two maxims referred to above, this Court proceeded to take the view that though Section 65B4 is mandatory, yet it would all depend on the facts of each case, how the same could be said to have been duly complied with.
41. In the facts of the said case, this Court said that the respondents had done everything possible to obtain the necessary certificate which was to be given by a third party over whom the respondents therein had no control and, in such circumstances, must be relieved of the mandatory obligation contained in the said subsection.
42. We have already reproduced paras 51 and 52 respectively of Arjun Panditrao Khotkar (supra) above.
43. Keeping the aforesaid in mind, we are of the view and, more particularly, considering the Record of Proceedings duly signed by the respondents, including the various statements of the respondents recorded under Section 108 of the Act, 1962, that there was due compliance of Section 138C(4) of the Act, 1962. When we say due compliance, the same should not mean that a particular certificate stricto senso in accordance with Section 138C(4) must necessarily be on record. The various documents on record in the form of record of proceedings and the statements recorded under Section 108 of the Act, 1962 could be said to be due compliance of Section 138C(4)of the Act, 1962.

From Para 46,

46. At this stage, we must also look into the observations made by this Court in the case of “Kum. Shubha @ Shubhashankar vs. State of Karnataka and Another,” reported in 2025 SSC online SC 1426 relied upon by the learned counsel appearing for the revenue. We quote:-
“A certificate not given in the prescribed format per se will not make it invalid, especially when the authenticity of these marked documents is not in dispute.”

Addl DG DRI Vs Suresh Kumar and Co Impex Pvt Ltd and Ors on 20 Aug 2025

Citations: [2025 INSC 1050]

Other Sources:

https://www.livelaw.in/sc-judgments/2025-livelaw-sc-860-additional-director-general-adjudication-directorate-of-revenue-intelligence-v-suresh-kumar-and-co-impex-pvt-ltd-ors-302591

https://www.supremecourtcases.com/additional-director-general-adjudication-directorate-of-revenue-intelligence-v-suresh-kumar-and-co-impex-pvt-ltd-and-others/

Shaurabh Kumar Tripathi Vs Vidhi Rawal on 19 May 2025

Posted on August 23, 2025 by ShadesOfKnife

A division bench of Apex Court held that, ‘High Court can exercise jurisdiction under Section 482 of the CrPC to quash proceedings of an application under Section 12(1) or orders passed in accordance with Sections 18 to 23 of the DV Act, 2005.‘.

From Para 32,

32. The second part of Section 482 saves the inherent power of the High Court to prevent the abuse of the process of any Court or otherwise to secure the ends of justice. Therefore, in a given case where a learned Magistrate is dealing with an application under Section 12(1), the High Court can exercise the power under the second part of Section 482 to prevent abuse of the process of any Court or to secure the ends of justice. Hence, the High Court can exercise jurisdiction under Section 482 of the CrPC to quash proceedings of an application under Section 12(1) or orders passed in accordance with Sections 18 to 23 of the DV Act, 2005.

From Para 35,

35. When it comes to exercise of power under Section 482 of the CrPC in relation to application under Section 12(1), the High Court has to keep in mind the fact that the DV Act, 2005 is a welfare legislation specially enacted to give justice to those women who suffer from domestic violence and for preventing acts of domestic violence. Therefore, while exercising jurisdiction under Section 482 of the CrPC for quashing proceedings under Section 12(1), the High Court should be very slow and circumspect. Interference can be made only when the case is clearly of gross illegality or gross abuse of the process of law. Generally, the High Court must adopt a hands-off approach while dealing with proceedings under Section 482 for quashing an application under Section 12(1). Unless the High Courts show restraint in the exercise of jurisdiction under Section 482 of the CrPC while dealing with a prayer for quashing the proceedings under the DV Act, 2005, the very object of enacting the DV Act, 2005, will be defeated.

From Para 38, (Introspection!)

38. Before we part with this Judgment, we must mention here that one of us (Abhay S. Oka, J) is a party to a Judgment dated 27nd October, 2016 of the Bombay High Court in Writ Petition 2473 of 2016 in which the view taken is that remedy under Section 482 of the CrPC is not available for quashing the proceedings under Section 12(1) of the DV Act,2005. This view was found to be incorrect by a full Bench of the same High Court. As judges, we are duty-bound to correct our mistakes in properly constituted proceedings. Even for Judges, the learning process always continues.

From Para 39,

39. To conclude, the view taken in the impugned order of the High Court that a petition under Section 482 of the CrPC for challenging the proceedings emanating from Section 12(1) of the DV Act, 2005 is not maintainable, is not the correct view. We hold that High Courts can exercise power under Section 482 of CrPC (Section 528 of the BNSS) for quashing the proceedings emanating from the application under Section 12(1) of the DV Act, 2005, pending before the Court of the learned Magistrate. However, considering the object of the DV Act, 2005, the High Courts should exercise caution and circumspection when dealing with an application under Section 12(1). Normally, interference under Section 482 is warranted only in the case of gross illegality or injustice.

Shaurabh Kumar Tripathi Vs Vidhi Rawal on 19 May 2025

Citations: [2025 INSC 734]

Other sources:

https://indiankanoon.org/doc/110752030/

https://www.casemine.com/judgement/in/682bfd4dcb7d8775a7b83f4e

https://testbook.com/recent-judgements/shaurabh-kumar-tripathi-vs-vidhi-rawal

Index of DV Judgments here.

Vishnu Vardhan Vs State of UP and Ors on 23 Jul 2025

Posted on August 15, 2025 by ShadesOfKnife

A full bench of Supreme Court passed this reportable Judgment on ‘Fraud vitiating everything‘.

From Para 50,

50. Moving ahead, it is equally well settled that suppression of even a single material fact can be fatal before writ courts. In this context, one may usefully refer to the decision of this Court in S.J.S. Business Enterprises (P) Ltd. v. State of Bihar42 where the law has succinctly been stated as follows:
13. As a general rule, suppression of a material fact by a litigant disqualifies such litigant from obtaining any relief. This rule has been evolved out of the need of the courts to deter a litigant from abusing the process of court by deceiving it. But the suppressed fact must be a material one in the sense that had it not been suppressed it would have had an effect on the merits of the case. It must be a matter which was material for the consideration of the court, whatever view the court may have taken …

From Para 60,

60. Be that as it may, obtaining of the impugned order by Reddy in his favour by playing fraud on the High Court is conspicuous by its presence. Thus, we find Vishnu’s core argument to be creditworthy and compelling for us to hold that judicial orders procured by Reddy by subverting the judicial process through fraud and concealment of material facts cannot be permitted to stand.

From Para 107,

107. Yet again, the two-Judge Bench in A.V. Papayya Sastry (supra) laid down fraud as an exception to the doctrine of merger while observing thus:
38. The matter can be looked at from a different angle as well. Suppose, a case is decided by a competent court of law after hearing the parties and an order is passed in favour of the plaintiff applicant which is upheld by all the courts including the final court. Let us also think of a case where this Court does not dismiss special leave petition but after granting leave decides the appeal finally by recording reasons. Such order can truly be said to be a judgment to which Article 141 of the Constitution applies. Likewise, the doctrine of merger also gets attracted. All orders passed by the courts/authorities below, therefore, merge in the judgment of this Court and after such judgment, it is not open to any party to the judgment to approach any court or authority to review, recall or reconsider the order.
39. The above principle, however, is subject to exception of fraud. Once it is established that the order was obtained by a successful party by practising or playing fraud, it is vitiated. Such order cannot be held legal, valid or in consonance with law. It is non-existent and non est and cannot be allowed to stand.

From Paras 138 and 139,

138. As already discussed above, due to fraud having been played by Reddy, the doctrine of merger does not apply and, thus, the impugned order is open to interference notwithstanding the decision of this Court in Reddy Veerana (supra). For reasons already discussed, the civil appeal has to be allowed and the impugned order set aside.
139. As a logical corollary of the impugned order being set aside, it would follow that the decision of this Court in Reddy Veerana (supra), upholding the same, which too was obtained by playing fraud, will also be a nullity, and thus stand recalled in exercise of our inherent powers.

Vishnu Vardhan Vs State of UP on 23 Jul 2025

Citations:

Other Sources:

https://indiankanoon.org/doc/26257438/

‘Fraud is an exception to doctrine of merger’: Supreme Court recalls its own judgment obtained by fraud

https://www.livelaw.in/sc-judgments/2025-livelaw-sc-736-vishnu-vardhan-vishnu-pradhan-v-the-state-of-uttar-pradesh-ors-298600

Orders Obtained by Fraud Not Protected by Doctrine of Merger

Index to Perjury Judgments here.

Shades of Knife

True Colors of a Vile Wife

Category: Supreme Court of India Judgment or Order or Notification

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