web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Category: Supreme Court of India Judgment or Order or Notification

Basudha Chakraborty Vs Neeta Chakraborty on 20 May 2024

Posted on September 13, 2024 by ShadesOfKnife

A division bench of Apex Court held as follows,

We have failed to comprehend the necessity of the direction of the High Court insisting for personal presence of the petitioner no.2 in Court in-person, despite being apprised that the petitioner no.2 has been suffering from severe medical conditions. From the materials placed on record we find that not only did the petitioner no.2 undergo an organ transplant in the recent past, he is afflicted by other ailments too calling for a surgery thus making it inadvisable for him to travel to Kolkata for attending court proceedings physically. That apart, the petitioner no.1 had physically appeared before the Court on 8th April, 2024 in deference to the order dated 31st January, 2024, yet, she too has been ordered to be produced in court by the police without apparent justification.
We are also at loss to comprehend as to why despite the advancement of science and technology and with the introduction of facilities for virtual hearing in the High Courts, the Court did not consider it desirable to grant liberty to the two petitioners to appear before it through the virtual mode.
The dispute that the High Court is seized of arises out of a marital discord between the spouses and the situation, prima facie, was not such so as to call for the Court’s insistence for personal presence of both the petitioners including the ailing petitioner no.2 by taking an arduous journey from a distant place like Mumbai despite his medical conditions. If the Court thought it fit to interact and bring about a settlement between the parties, an attempt to achieve it by allowing the petitioners to attend proceedings through the virtual mode ought to have been made.
The impugned order is bound to operate harshly against the petitioners. We expect the Court to exercise restraint unless any party repeatedly acts in breach of its order to undermine its dignity, prestige and majesty, thereby attracting the contempt jurisdiction. Exercise of discretion judiciously could have prevented the proceedings from reaching this Court.

Basudha Chakraborty Vs Neeta Chakraborty on 20 May 2024
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Basudha Chakraborty Vs Neeta Chakraborty Video Conferencing | Leave a comment

Sunil Nayak @ Fundi Vs State of NCT of Delhi on 09 Sep 2024

Posted on September 9, 2024 by ShadesOfKnife

 

 


Index of Perjury judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Sunil Nayak @ Fundi Vs State of NCT of Delhi Work-In-Progress Article | Leave a comment

Shaileshbhai Ranchhodbhai Patel and Anr Vs State of Gujarat and Ors on 28 Aug 2024

Posted on September 3, 2024 by ShadesOfKnife

A division bench of the Apex Court held as follows,

From Paras 7 and 8,

7. The question of law involved in these two appeals as to whether quashing of the FIR should have been refused for no other reason than that the investigating officer has filed the charge-sheet is no longer res integra. Decisions of this Court to such effect are legion. We may profitably refer to the decisions of this Court in Ruchi Majoo v. Sanjeev Majoo3, Anand Kumar Mohatta vs State (Govt. of NCT of Delhi) Home Department4 and Abhishek vs. State of Madhya Pradesh5.
8. On the authority of the aforesaid decisions, law seems to be well-settled that the High Court under Section 482, Cr. PC. retains the power to quash an FIR, even after charge-sheet under Section 173(2) thereof is filed, provided a satisfaction is reached, inter alia, that either the FIR and the charge-sheet read together, even accepted as true and correct without rebuttal, does not disclose commission of any offence or that continuation of proceedings arising out of such an FIR would in fact be an abuse of the process of law as well as of the Court given the peculiar circumstances of each particular case.

Shaileshbhai Ranchhodbhai Patel and Anr Vs State of Gujarat and Ors on 28 Aug 2024

Index of Quash judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 482 - Quash Even After filing of Charge sheet Shaileshbhai Ranchhodbhai Patel and Anr Vs State of Gujarat and Ors | Leave a comment

James Kunjwal Vs State of Uttarakhand and Anr on 13 Aug 2024

Posted on August 14, 2024 by ShadesOfKnife

A full bench of Apex Court passed guidelines to follow, When perjury proceedings can be initiated.

From Paras 16-20,

16. What we may conclude from a perusal of the above-noticed judicial pronouncements is that:-
(i) The Court should be of the prima facie opinion that there exists sufficient and reasonable ground to initiate proceedings against the person who has allegedly made a false statement(s);
(ii) Such proceedings should be initiated when doing the same is “expedient in the interests of justice to punish the delinquent” and not merely because of inaccuracy in statements that may be innocent/immaterial;
(iii) There should be “deliberate falsehood on a matter of substance”;
(iv) The Court should be satisfied that there is a reasonable foundation for the charge, with distinct evidence and not mere suspicion;
(v) Proceedings should be initiated in exceptional circumstances, for instance, when a party has perjured themselves to beneficial orders from the Court.
17. The statement made by the appellant, that has been deemed to be befitting the offence of giving false evidence before the Court, which is known commonly as perjury, was more in the nature of denial of the statements made in the affidavits of the complainant herein.
18. We are of the view that, in the present facts, a denial simpliciter cannot meet the threshold, as described in the judgments above, particularly when no malafide intention/deliberate attempt can be understood from the statement made by the appellant in the affidavit. As has already been observed, mere suspicion or inaccurate statements do not attract the offence under the Section. It cannot be disputed that the statements made in the affidavit were only to state his version of events and/or deny the version put forth by the complainant.
19. We are also of the firm opinion that such statements do not make it expedient in the interest of justice, nor constitute exceptional circumstances in which such Sections may be invoked. Given that these proceedings would constitute an offence, independent of the one for which the appellant is already facing trial, it cannot be unequivocally held that there was deliberate falsehood on a matter of substance.
20. We find that at least three of the possible scenarios, as discussed supra, in which a court would be justified in invoking these powers on the face of it appear to be unmet, prosecution, therefore, would be unjust. We say so for the reason that the respondent in her counter affidavit filed before this Court makes no particular allegation nor does she provide any of the material that was allegedly placed before the competent prosecuting authorities or the Court. She only alleges untruth on the part of the appellant 8/12/2024 stating that the Court was correct in initiating proceedings against him for making the false statement. She further makes certain statements that fall outside the scope of the present adjudication and pertain to the trial of the main offence pending before the court of competent jurisdiction.

James Kunjwal Vs State of Uttarakhand and Anr on 13 Aug 2024

Citations: [2024 INSC 601], [2024 Latest Caselaw 508 SC]

Other Sources:

https://indiankanoon.org/doc/84159018/

https://www.casemine.com/judgement/in/66beef2337d7e5445370dff1

https://www.indianemployees.com/judgments/details/james-kunjwal-versus-state-of-uttarakhand

https://www.livelaw.in/supreme-court/s-193-ipc-when-can-perjury-proceedings-be-initiated-against-a-litigant-supreme-court-explains-266668

https://www.latestlaws.com/latest-caselaw/2024/august/2024-latest-caselaw-508-sc/

https://www.lawtext.in/judgement.php?bid=442

https://www.verdictum.in/court-updates/supreme-court/james-kunjwal-v-state-of-uttarakhand-2024-insc-601-mere-denial-of-averments-in-pleadings-not-perjury-no-malafide-intention-1547820

https://www.advocatekhoj.com/library/judgments/announcement.php?WID=17806

https://lawtrend.in/mere-denial-in-affidavit-doesnt-constitute-offence-under-section-193-ipc-supreme-court-quashed-perjury-charges/


Index of perjury judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 340 read with CrPC 195 IPC 191 - Giving false evidence IPC 193 - Punishment for false evidence Issued or Recommended Guidelines or Directions or Protocols to be followed James Kunjwal Vs State of Uttarakhand and Anr Landmark Case Perjury Under Section 340 CrPC Reportable Judgement or Order | Leave a comment

Harsh Bhuwalka and Ors Vs Sanjay Kumar Bajoria on 05 Aug 2024

Posted on August 11, 2024 by ShadesOfKnife

A division bench of the Apex Court passed this Practice directions as follows,

From Paras 7-9,

7. It is clear on the face of the records and it is also not disputed by Mr. Siddharth Bhatnagar, learned senior counsel appearing for the petitioners, in his usual fairness, that the petitioners made an absolutely incorrect, nay false, statement in paragraph 3 of I.A. No.158707 of 2024 that the High Court had not furnished the certified copy of the impugned order despite they having applied for the same.
8. We would have been entirely justified in directing the Registry to take suitable steps for initiation of proceedings before the criminal court against the petitioners but having regard to the fervent prayer made by Mr. Bhatnagar that the petitioners may not entirely be at fault, we refrain from so directing.
9. However, having regard to the skullduggery that was sought to be adopted, we see no reason to condone the grave lapse on the part of the petitioners and hear them on the merits of the special leave petition. The special leave petition, along with I.A. No.158707 of 2024, I.A. No.158709 of
2024 and I.A. No. 169588 of 2024, stands dismissed.

From Paras 16-18,

16. We are pained to note that despite there being specific provisions in the 2013 Rules requiring a special leave petition to be accompanied by the certified copy of the impugned judgment and order, such provisions are observed more in the breach. Such a situation should not to be allowed to persist; so long the rules exist, there has to be substantial compliance. Even if the certified copy is not available on the date of presentation of a special leave petition, proof of application for such copy has to be adduced for the court to consider the prayer for exemption.
17. With this in view, we propose to issue a practice direction to the following effect:
“If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge, such application must have, as an annexure, the receipt that has been generated/provided by the concerned Section/Department of the high court as acknowledgment of receipt of an application from the applicant for certified copy of the impugned judgment and/or order and the reason for seeking exemption; further, it must have an averment that the application for certified copy has not lapsed owing to non-filing of requisites or otherwise; also, the application must contain an undertaking of the applicant to place the certified copy of the impugned judgment and/or order on record as soon as possible after the same is furnished to him by the concerned Section/Department of the high court.”
Ordered accordingly.
18. This practice direction has to be observed by all litigants who propose to file special leave petitions both on the civil side as well as on the criminal side with effect from 20th August, 2024.

Harsh Bhuwalka and Ors Vs Sanjay Kumar Bajoria on 05 Aug 2024
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Harsh Bhuwalka and Ors Vs Sanjay Kumar Bajoria Issued or Recommended Guidelines or Directions or Protocols to be followed | Leave a comment

Dolly Rani Vs Manish Kumar Chanchal on 19 Apr 2024

Posted on August 10, 2024 by ShadesOfKnife

A division bench of Apex Court held that a Hindu marriage without conducting the marriage ceremonies is not a valid marriage.

We find that the registration of Hindu marriages under the said provision is only to facilitate the proof of a Hindu marriage but for that, there has to be a Hindu marriage in accordance with Section 7 of the Act inasmuch as there must be a marriage ceremony which has taken place between the parties in accordance with the said provision. Although the parties may have complied with the requisite conditions for a valid Hindu marriage as per
Section 5 of the Act in the absence of there being a “Hindu marriage” in accordance with Section 7 of the Act, i.e., solemnization of such a marriage, there would be no Hindu marriage in the eye of law. In the absence of there being a valid Hindu marriage, the Marriage Registration Officer cannot
register such a marriage under the provisions of Section 8 of the Act. Therefore, if a certificate is issued stating that the couple had undergone marriage and if the marriage ceremony had not been performed in accordance with Section 7 of the Act, then the registration of such marriage under Section 8 would not confer any legitimacy to such a marriage. The registration of a marriage under Section 8 of the Act is only to confirm that the
parties have undergone a valid marriage ceremony in accordance with Section 7 of the Act. In other words, a certificate of marriage is a proof of  validity of Hindu marriage only when such a marriage has taken place and not in a case where there is no marriage ceremony performed at all.
We further observe that a Hindu marriage is a sacrament and has a sacred character. In the context of saptapadi in a Hindu marriage, according to Rig Veda, after completing the seventh step (saptapadi) the bridegroom says to his bride, “With seven steps we have become friends (sakha). May I attain to friendship with thee; may I not be separated from thy friendship”. A wife is considered to be half of oneself (ardhangini) but to be accepted with an identity of her own and to be a co-equal partner in the marriage. There is nothing like a “better-half” in a marriage but the spouses are equal halves in a marriage.

Also

No doubt, under the Special Marriage Act, 1954, a man and a woman can acquire the status of being a husband and a wife as per the provisions of the said Act. The Special Marriage Act, 1954 is not restricted to Hindus. Any man and woman irrespective of their race, caste or creed can acquire the status of being a husband and a wife under the provisions of the Special Marriage Act, 1954 but under the provisions of the Act (Hindu Marriage
Act, 1955), there should not only be compliance of the conditions as prescribed under Section 5 of the said Act but also the couple must solemnise a marriage in accordance with Section 7 of the Act. In the absence of there being any such marriage in accordance with Section 7 of the Act, a certificate
issued in that regard by any entity is of no legal consequence. Further, any registration of a marriage which has not at all taken place under Section 8 of the Act and as per the rules made by the State Government would not be evidence of a Hindu marriage and also does not confer the status of a husband and a wife to a couple.
In recent years, we have come across several instances where for “practical purposes”, a man and a woman with the intention of solemnisation of their marriage at a future date seek to register their marriage under Section 8 of the Act on the basis of a document which may have been issued as proof of ‘solemnisation of their marriage’ such as in the instant case. As we have already noted, any such registration of a marriage before the Registrar of Marriages and a certificate being issued thereafter would not confirm that the parties have ‘solemnised’ a Hindu marriage. We note that parents of young couples agree for registration of a marriage in order to apply for Visa for emigration to foreign countries where either of the parties may be working “in order to save time” and pending formalising a marriage ceremony. Such practices have to be deprecated. What would be the consequence, if no such marriage is solemnised at all at a future date? What would be the status of the parties then? Are they husband and wife in law and do they acquire such status in society?

Dolly Rani Vs Manish Kumar Chanchal on 19 Apr 2024
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc Dolly Rani Vs Manish Kumar Chanchal HM Act 11 - Void marriages HM Act 7 - Ceremonies for a Hindu marriage Reportable Judgement or Order | Leave a comment

State of Karnataka Vs T.Naseer @ Thadiantavida Naseer on 6 Nov 2023

Posted on August 10, 2024 by ShadesOfKnife

A division bench of the Apex Court held that when the original electronic devices were already produced and marked MOs, there was no need to produce the certificate under Section 65-B of the Act.

From Para 15,

15. Fair trial in a criminal case does not mean that it should be fair to one of the parties. Rather, the object is that no guilty should go scot-free and no innocent should be punished. A certificate under Section 65-B of the Act, which is sought to be produced by the prosecution is not an evidence which has been created now. It is meeting the requirement of law to prove a report on record. By permitting the prosecution to produce the certificate under Section 65B of the Act at this stage will not result in any irreversible prejudice to the accused. The accused will have full opportunity to rebut the evidence led by the prosecution. This is the purpose for which Section 311 of the Cr.P.C. is there. The object of the Code is to arrive at truth. However, the power under Section 311 of the Cr.P.C. can be exercised to subserve the cause of justice and public interest. In the case in hand, this exercise of power is required to uphold the truth, as no prejudice as such is going to be caused to the accused.

State of Karnataka Vs T.Naseer @ Thadiantavida Naseer on 6 Nov 2023

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 311 - Power to summon material witness or examine person present Evidence Act 65B - Admissibility of electronic records Reportable Judgement or Order State of Karnataka Vs T.Naseer @ Thadiantavida Naseer | Leave a comment

Baba Natarajan Prasad Vs M. Revathi on 15 Jul 2024

Posted on July 16, 2024 by ShadesOfKnife

A division bench of the Apex Court held as follows,

From Paras 10 and 11,

10. The learned senior counsel appearing for the appellant herein would submit that a scanning of the judgment of the trial Court would reveal that the Court had appropriately appreciated the evidence on record and convicted accused Nos.1 and 2 upon satisfying itself that the ingredients to attract the offence punishable under Section 494 I.P.C., have been made out by the appellant. Furthermore, it is submitted that a bare perusal of the impugned judgment would reveal that the High Court had rightly considered the contentions of the appellant herein against the reversal of their conviction by the First Appellate Court that it was founded on surmises and conjectures. We are of the considered view that no more narrative on the correctness of the reversal of the judgment of the First Appellate Court by the High Court under the impugned judgment is required as the indisputable and undisputed position is that its reversal was accepted by accused Nos.1 and 2 and they had undergone the sentence imposed by the High Court consequent to the reversal of the First Appellate Court’s judgment. We may note here that the learned senior counsel for the appellant would submit that the appellant had not accepted any compensation and in the same breath, would further submit that the appellant did not want any such compensation.
11. In the aforesaid circumstances, the sole question surviving for consideration is whether the High Court was right in not restoring the sentence imposed for the conviction under Section 494 I.P.C., by the trial Court when it accepted the contentions of the appellant and reversed the acquittal of accused Nos.1 and 2 and restored the conviction entered on them by the trial Court. In other words, the question is whether the High Court had shown undeserving leniency and sympathy to accused Nos.1 and 2 even after finding that they have committed the serious offence of bigamy punishable under Section 494 I.P.C., and whether they were let off with a flea-bite sentence and whether an enhancement of sentence is invited?

From Paras 14 and 15,

14. A reading of Sections 494 and 495 I.P.C., would reveal that the legislature viewed the offence of bigamy as a serious offence. Though no minimum sentence is prescribed under Section 494 I.P.C., the maximum sentence of imprisonment prescribed thereunder for a conviction thereunder is seven years of imprisonment of either description. It is also to be noted that the said offence is compoundable only by the husband or wife of the person so marrying with the permission of the Court. The same offence under Section 494 I.P.C., with concealment of former marriage from person with whom subsequent marriage is contracted would visit the offender with imprisonment of either description for a term which may extend to ten years and with fine. This offence, which is an aggravated form of bigamy, is non-compoundable. The decision in Gopal Lal’s case (supra), and the prescription of maximum corporeal sentence imposable under Sections 494 and 495 I.P.C.,would undoubtedly suggest that the offence under Section 494 I.P.C., has to be treated as a serious offence.
15. When once it is found that an offence under Section494 I.P.C., is a serious offence, the circumstances obtaining in this case would constrain us to hold that the imposition of ‘imprisonment till the rising of the court’ is not a proper sentence falling in tune with the rule of proportionality in providing punishment as mentioned hereinbefore.

From Para 20, (Alteration of the imprisonment and fine)

20. Certain circumstances revealed from the evidence on record cannot go unnoticed while deciding the question of proper sentence. Earlier, the appellant herein filed HMOP 515/2012 before the Family Court, Coimbatore, seeking divorce. In the judgment of the trial Court, taking note of the evidence adduced, it was noted that the first accused had filed a petition seeking interim maintenance in the above HMOP and based on a petition in that regard the Court had ordered the appellant to pay Rs. 5,000/- per month to the first accused and she had received the maintenance till 13.07.2017. The evidence would further show that a child was born to the first and second accused in their wedlock in November, 2017. The evidence on record would reveal that on 22.01.2019, the first accused herself filed HMOP No.84 of 2019 seeking dissolution of her marriage with the appellant. In such circumstances, it is evident that the first accused married the second accused while the marriage between the appellant and the first accused was subsisting and not only that, during its subsistence, she had also begotten a child through the second accused. Taking into account all the circumstances, it can be said that undeserving leniency was shown in the case on hand. But then, taking into account the fact that the child born to the first and second accused was aged less than two years when the trial Court passed the sentence and that no minimum term of imprisonment is prescribed for the conviction under Section 494 I.P.C., and that the maximum sentence imposable for conviction thereunder is seven years, we are of the considered view that the trial Court had virtually struck a balance in fixing the term of one year as the corporeal sentence. But then, taking note of the fact that the said child is now aged only about six years and the sentence for the conviction under Section 494 I.P.C., can be of both descriptions. We think it appropriate to use our judicial discretion to modify the sentence imposed under the impugned judgment. Accordingly, we modify the term of the sentence awarded to accused Nos.1 and 2 for the conviction under Section 494 I.P.C., to six months each, making the nature of the sentence as simple imprisonment for the said period. We further modify the fine imposed by reducing the same from Rs. 20,000/- each to Rs. 2,000/- each, as originally awarded by the trial Court. Needless to say, that the default sentence therefor, awarded by the trial Court i.e., to undergo simple imprisonment for three months is also restored. If in terms of the impugned judgment, accused Nos.1 and 2 had already deposited Rs. 20,000/-, after making deduction in terms of the sentence of fine mentioned hereinbefore, the balance amount shall be refunded to them in accordance with the law. In the said circumstances, accused Nos.1 and 2 shall surrender before the trial Court so as to serve out the unserved period of sentence imposed on them by this judgment. Taking note of the fact that the child of accused Nos.1 and 2 is now aged only about 6 years, we further order that firstly the second accused shall surrender before the trial Court, within a period of 3 weeks from today to serve out the rest of the sentence. Upon his release from the jail, on suffering the sentence, the first accused shall surrender before the Court to serve her remaining period of sentence and such surrender shall be made by the first accused within a period of 2 weeks from the release of the second accused from the jail. This arrangement shall not be treated as a precedent as it was ordered in these special circumstances. In case the accused Nos.1 and 2 do not surrender in terms of this judgment on their own, the trial Court shall resort to appropriate steps in accordance with law to place them in custody and make them suffer the sentence as mentioned hereinbefore. The appeals are allowed as above.

Baba Natarajan Prasad Vs M. Revathi on 15 Jul 2024

Other Sources:

https://www.livelaw.in/supreme-court/punishment-must-be-in-proportion-to-gravity-of-offence-supreme-court-enhances-sentence-bigamous-marriage-263490

https://www.legiteye.com/supreme-court-modifies-sentence-in-bigamy-case-orders-staggered-jail-terms-for-couple-justices-ct-ravikumar-sanjay-kumar-15-07-2024/

https://www.latestlaws.com/latest-caselaw/2024/july/2024-latest-caselaw-433-sc/

https://www.casemine.com/judgement/in/6696638231ed747732bfccdc

https://citecase.in/baba-natarajan-prasad-vs-m-revathi-2024-insc-523-s-494-ipc-bigamy-sentencing/

https://www.advocatekhoj.com/library/judgments/announcement.php?WID=17724

https://x.com/SCJudgments/status/1813118439701057835

https://lawyerenews.com/supreme-court-enhances-sentence-in-bigamy-case/

https://www.freelaw.in/legalnews/Punishment-of-imprisonment-till-the-rising-of-the-court-is-a-flea-bite-sentence-for-those-convicted-for-an-offence-of-bigamy-Supreme-Court-

https://www.the-laws.com/encyclopedia/browse/case?caseId=004202345000&title=baba-natarajan-prasad-vs-m-revathi

Flea-Bite

https://www.verdictum.in/court-updates/supreme-court/baba-natarajan-prasad-v-m-revathi-2024-insc-523-bigamy-494-ipc-serious-offence-1544100


The decision of the District Court is here.

Baba Natarajan Prasad Vs M. Revathi on 21 Apr 2019

Index of Bigamy Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Baba Natarajan Prasad Vs M. Revathi Catena of Landmark Judgments Referred/Cited to IPC 494 - Made Out IPC 494 - Marrying again during life-time of husband or wife Landmark Case Reportable Judgement or Order | Leave a comment

Mohammad Miyan and Ors Vs State of UP on 21 Aug 2018

Posted on July 14, 2024 by ShadesOfKnife

A division bench of the Apex Court held as follows,

Mr. R. K. Das, learned Senior Counsel appearing for the appellants-accused, submits that the prosecution under section 498A of IPC was clearly not tenable in view of the case of the complainant herself that there had been a divorce almost four years before filing of the FIR.
We find much substance in the submission made by Mr. Das, learned Senior Counsel appearing for the appellants-accused. Even in the FIR dated 18.8.2015, the complainant-wife has stated that her divorce had taken place about four years back. It is not possible to accept the contention made by learned counsel appearing on behalf of complainant-wife that she made the statement in ignorance of Sharia law. She is a Headmistress and must be credited with due knowledge of her meritorious status.
In view of her own averment that she was divorced four years ago, we are of the view that the prosecution is not sustainable under section 498A of the IPC and Sections 3/4 of the Dowry Prohibition Act, 1961.
Section 498A of the IPC opens with the words “Whoever, being the husband or the relative of the husband of a woman….” Therefore, where the complainant approaches with a case that there has been a divorce long back i.e. four years ago before filing of the FIR, section 498A of IPC in terms would not be attracted. We accordingly consider it appropriate to quash the prosecution against all the accused persons under section 498A of IPC and Sections 3/4 of the Dowry Prohibition Act, 1961.

Mohammad Miyan Vs State of UP on 21 Aug 2018

Other Sources:

https://indiankanoon.org/doc/150839791/


Index of Quash Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 482 - IPC 498A case Quashed Due To Earlier Divorce CrPC 482 – IPC 498A Quashed Mohammad Miyan Vs State of UP Reportable Judgement or Order | Leave a comment

State (CBI) Vs Hemendhra Reddy and Anr on 28 Apr 2023

Posted on July 3, 2024 by ShadesOfKnife

A division bench of Apex Court held as follows,

From Paras 76 and 77,

76. Thus, a conspectus of the aforesaid decisions of this Court rendered in cases where final reports (closure reports) had already been submitted and
accepted makes the position of law very clear that even after the final report is laid before the Magistrate and is accepted, it is permissible for the investigating agency to carry out further investigation in the case. In other words, there is no bar against conducting further investigation under Section 173(8) of the CrPC after the final report submitted under Section 173(2) of the CrPC has been accepted. It is also evident, that prior to carrying out a further investigation under Section 173(8) of the CrPC, it is not necessary for the Magistrate to review or recall the order accepting the final report.
77. We may summarise our final conclusion as under:
(i) Even after the final report is laid before the Magistrate and is accepted, it is permissible for the investigating agency to carry out further investigation in the case. In other words, there is no bar against conducting further investigation under Section 173(8) of the CrPC after the final report submitted under Section 173(2) of the CrPC has been accepted.
(ii) Prior to carrying out further investigation under Section 173(8) of the CrPC it is not necessary that the order accepting the final report should be reviewed, recalled or quashed.
(iv) Further investigation is merely a continuation of the earlier investigation, hence it cannot be said that the accused are being subjected to investigation twice over. Moreover, investigation cannot be put at par with prosecution and punishment so as to fall within the ambit of Clause (2) of Article 20 of the Constitution. The principle of double jeopardy would, therefore, not be applicable to further investigation.
(v) There is nothing in the CrPC to suggest that the court is obliged to hear the accused while considering an application for further investigation under Section 173(8) of the CrPC.

State (CBI) Vs Hemendhra Reddy and Anr on 28 Apr 2023
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 173(8) - Magistrate can Order Further Investigation State (CBI) Vs Hemendhra Reddy and Anr | Leave a comment

Post navigation

  • Older posts
  • Newer posts

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
yashtdp_ Yash @yashtdp_ ·
1 Aug

📢 DSC అవాస్తవాలు & తప్పుడు ప్రచారాలపై వాస్తవాలు! 🛑
DSC పరీక్షలపై ఎక్కడైనా పేపర్ లీక్ అయిందా అంటే కేవలం అనుమానాలే తప్ప ఒక్క ఆధారం కూడా లేదు! హైకోర్టులో వేసిన కేసులు కూడా సరైన ఆధారాలు లేకపోవడంతో మొదటి రోజే డిస్మిస్ అయ్యాయి. ⚖️
@YSRCParty తప్పుడు ప్రచారాలతో పబ్బం గడుపుకోవాలని

Reply on Twitter 2083413535686869412 Retweet on Twitter 2083413535686869412 66 Like on Twitter 2083413535686869412 247 X 2083413535686869412
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
ncbn N Chandrababu Naidu @ncbn ·
2 Aug

సీనియర్ జర్నలిస్ట్, మహా న్యూస్ ఛైర్మన్ & మేనేజింగ్ డైరెక్టర్ శ్రీ మారెళ్ళ వంశీ కృష్ణ గారికి హృదయపూర్వక జన్మదిన శుభాకాంక్షలు. మీడియా రంగంలో మీ నిబద్ధతతో మరెన్నో విజయాలు సాధించాలని, భగవంతుడు మీకు ఆయురారోగ్యాలు, సుఖసంతోషాలను ప్రసాదించాలని మనస్ఫూర్తిగా ఆకాంక్షిస్తున్నాను. మహా

Reply on Twitter 2083758360680415554 Retweet on Twitter 2083758360680415554 182 Like on Twitter 2083758360680415554 2398 X 2083758360680415554
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
delhipolice Delhi Police @delhipolice ·
26 Jul

⚠️ FACT CHECK: FAKE VIDEO ⚠️The viral video claiming Delhi Police DCP Sumit Jha resigned over student protests is completely fake and AI generated. The authentic footage, in which the officer addresses the public regarding active misinformation campaigns, is available vide link

Reply on Twitter 2081352316767396053 Retweet on Twitter 2081352316767396053 598 Like on Twitter 2081352316767396053 2295 X 2081352316767396053
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
itdp_official iTDP Official @itdp_official ·
31 Jul

Zero Airports..

Zero Vision..

Zero @ysjagan..

The numbers speak louder than the slogans.

#YSRCPNeverAgain #UttarandhraKalalakuRekkalu
#BhogapuramAirport

Reply on Twitter 2083105701380198733 Retweet on Twitter 2083105701380198733 102 Like on Twitter 2083105701380198733 380 X 2083105701380198733
Load More

Recent Posts

  • Ishwar Chand Sharma and Ors Vs State of U.P. on 29 May 2026 July 26, 2026
  • Prabhakar Yeshwant Masram and Anr Vs Sou Tula Namdeorao Jaipurkar and Anr on 21 Jul 2026 July 26, 2026
  • Shikha Lall Vs Prince Agarwal on 7 Nov 2024 July 21, 2026
  • Pranjal Poddar and Ors Vs Shivani Gupta on 21 Apr 2026 July 21, 2026
  • Sharad Kumar Pandey Vs Mamta Pandey on 1 Sep 2010 July 21, 2026

Most Read Posts

  • Reply to Section 41A CrPC Notice – Format with Legal Explanation (5,143 views)
  • Charge Sheet and Final Report Explained (3,163 views)
  • Regular Bail Application Format (Section 437/439 CrPC) (2,542 views)
  • Arrest Procedure in 498A cases after Arnesh Kumar (2,143 views)
  • Discharge Application Format in 498A Case – Draft, Procedure & Sample Template (2,079 views)
  • Can You Travel Abroad After an FIR Is Registered? – Legal Position Explained (2,046 views)
  • Life Cycle of a Perjury Case (2,024 views)
  • Application for Certified Copy of FIR – Format, Procedure and Sample Draft (1,766 views)
  • Appeal, Revision and Review Explained (1,735 views)
  • Life Cycle Stages of a Restitution of Conjugal Rights Case (1,698 views)

Tags

Reportable Judgement or Order (439)2-Judge (Division) Bench Decision (424)Legal Procedure Explained - Interpretation of Statutes (387)Landmark Case (384)1-Judge Bench Decision (370)Catena of Landmark Judgments Referred/Cited to (298)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (101)Sandeep Pamarati (91)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (71)Perjury Under Section 340 CrPC (70)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (62)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (44)CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents (43)HM Act Sec 13 - Divorce Granted to Husband (42)Abuse Or Misuse of Process of Court (42)Divorce Granted on Cruelty ground (42)

Categories

Supreme Court of India Judgment or Order or Notification (760)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (329)High Court of Andhra Pradesh Judgment or Order or Notification (187)High Court of Delhi Judgment or Order or Notification (167)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (95)Legal Procedure (83)High Court of Madras Judgment or Order or Notification (71)High Court of Allahabad Judgment or Order or Notification (63)LLB Study Material (59)General Study Material (56)High Court of Punjab & Haryana Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (51)High Court of Kerala Judgment or Order or Notification (47)Judicial Activism (for Public Benefit) (47)Prakasam DV Cases (46)District or Sessions or Magistrate Court Judgment or Order or Notification (44)High Court of Madhya Pradesh Judgment or Order or Notification (38)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (28)

Recent Comments

  • vinod gupta on Reply to Section 41A CrPC Notice – Format with Legal Explanation
  • eCourts India on Compromise-Based Quashing in Matrimonial Cases – Complete Legal Strategy
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • ShadesOfKnife on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)

Archives of SoK

  • July 2026 (19)
  • June 2026 (19)
  • May 2026 (24)
  • April 2026 (33)
  • March 2026 (42)
  • February 2026 (30)
  • January 2026 (21)
  • December 2025 (2)
  • November 2025 (3)
  • October 2025 (17)
  • September 2025 (12)
  • August 2025 (5)
  • July 2025 (10)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • EWR (Newark) on 2026-09-02 September 2, 2026
    THIS IS A SCHEDULED EVENT Sep 2, 05:00 - 09:00 UTC Jul 21, 15:30 UTC Scheduled - We will be performing scheduled maintenance in EWR (Newark) datacenter on 2026-09-02 between 05:00 and 09:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
    Cloudflare

RSS List of Spam Server IPs from Project Honeypot

  • 103.89.15.35 | SD August 2, 2026
    Event: Bad Event | Total: 207 | First: 2019-03-02 | Last: 2026-08-02
Owned and Operated by Advocate Sandeep Pamarati and Advocate Suprajaa Rajan
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 485 access attempts in the last 7 days.

pixel