In this Supreme Court judgment, Dowry demand by husband and his parents was regarded as causing cruelty on knife and thereby granted divorce decree under section 13 (1) of HMA.
Category: Supreme Court of India Judgment or Order or Notification
Rukmini Narvekar Vs Vijay Sataredkar & Ors on 3 October, 2008
Another awesome judgment emphasizing that “there is no scope for the accused to produce any evidence in support of the submissions made on his behalf at the stage of framing of charge and only such material as are indicated in Section 227 Cr.P.C. can be taken into consideration by the learned magistrate at that stage”.
Justice Markandey Katju notes:
As observed by this Court in Bharat Petroleum Corporation Ltd. & Anr. vs. N.R. Vairamani & Anr AIR 2004 SC 4778, observations of Courts are neither to be read as Euclid’s formula nor as provisions of the statute. Thus in our opinion while it is true that ordinarily defense material cannot be looked into by the Court while framing of the charge in view of D.N. Padhi’s case (supra), there may be some very rare and exceptional cases where some defense material when shown to the trial court would convincingly demonstrate that the prosecution version is totally absurd or preposterous, and in such very rare cases the defense material can be looked into by the Court at the time of framing of the charges or taking cognizance.
18. In our opinion, therefore, it cannot be said as an absolute proposition that under no circumstances can the Court look into the material produced by the defense at the time of framing of the charges, though this should be done in very rare cases, i.e. where the defense produces some material which convincingly demonstrates that the whole prosecution case is totally absurd or totally concocted. We agree with Shri Lalit that in some very rare cases the Court is justified in looking into the material produced by the defense at the time of framing of the charges, if such material convincingly establishes that the whole prosecution version is totally absurd, preposterous or concocted.
Justice Altamas Kabir notes:
In my view, therefore, there is no scope for the accused to produce any evidence in support of the submissions made on his behalf at the stage of framing of charge and only such material as are indicated in Section 227 Cr.P.C. can be taken into consideration by the learned magistrate at that stage. However, in a proceeding taken therefrom under Section 482 Cr.P.C. the Court is free to consider material that may be produced on behalf of the accused to arrive at a decision whether the charge as framed could be maintained. This, in my view, appears to be the intention of the legislature in wording Sections 227 and 228 the way in which they have been worded and as explained in Debendra Nath Padhi’s case (supra) by the larger Bench to which the very same question had been referred.
State Of Orissa Vs Debendra Nath Padhi on 29 November, 2004
A key question is clarified by the 3-judge bench of Supreme Court in this landmark judgment.
Can the trial court at the time of framing of charge consider material filed by the accused?
The scope of Sections 227 and 228 and scope of Sections 239 and 240 are explained along with scope of Sections 482
At the end the following is the summary arrived at.
- Under Sections 227 and 228, a Magistrate of the trial court, is supposed to consider only the material sent by prosecution along with the record of the case and the documents sent along with it, at the time of framing of the charge. The accused at that stage has no right to place before the court any material.
- Under Sections 239 and 240, requires the Magistrate to consider ‘the police report and the documents sent with it under Section 173’ and, if necessary, examine the accused and after giving accused an opportunity of being heard, if the Magistrate considers the charge against the accused to be groundless, the accused is liable to be discharged by recording reasons thereof.
- Regarding the argument of accused having to face the trial despite being in a position to produce material of unimpeachable character of sterling quality, the width of the powers of the High Court under Section 482 of the Code and Article 226 of Constitution of India is unlimited whereunder in the interests of justice the High Court can make such orders as may be necessary to prevent abuse of the process of any Court or otherwise to secure the ends of justice within the parameters laid down in Bhajan Lal’s case. Under Section 482 of the Code, along with the petition the accused may file unimpeachable evidence of sterling quality and on that basis seek quashing.
Legal point around application under/of CrPC 91
In so far as the accused is concerned, his entitlement to seek order under Section 91 would ordinarily not come till the stage of defence. When the section talks of the document beingnecessary and desirable, it is implicit that necessity and desirability is to be examined considering the stage when such a prayer for summoning andproduction is made and the party who makes it whether police or accused. If under Section 227 what is necessary and relevant is only the record produced in terms of Section 173 of the Code, the accused cannot at that stage invoke Section 91 to seek production of any document to show his innocence. Under Section 91 summons for production of document can beissued by Court and under a written order an officer in charge of policestation can also direct production thereof. Section 91 does not confer any right on the accused to produce document in his possession to prove his defence. Section 91 presupposes that when the document is not produced process may be initiated to compel production thereof.
Final conclusion: (from Para 29)
We are of the view that jurisdiction under Section 91 of the Code when invoked by accused the necessity and desirability would have to be seen by the Court in the context of the purpose investigation, inquiry, trial or other proceedings under the Code. It would also have to be borne in mind that law does not permit a roving or fishing inquiry. Regarding the argument of accused having to face the trial despite being in a position to produce material of unimpeachable character of sterling quality, the width of the powers of the High Court under Section 482 of the Code and Article 226 of Constitution of India is unlimited whereunder in the interests of justice the High Court can make such orders as may be necessary to prevent abuse of the process of any Court or otherwise to secure the ends of justice within the parameters laid down in Bhajan Lal’s case.
Citations : [2005 AIR SC 359], [2005 ALT CRI 1 1198], [2005 CLT SC 99 348], [2005 GLH 1 312], [2004 JT SC 10 303], [2005 KLT SC 1 80], [2005 OLR SC 1 357], [2005 RLW SC 3 414], [2004 SCALE 10 50], [2005 SCC 1 568], [2005 SCC CRI 415], [2004 SLT 7 339], [2004 SUPREME 8 568], [2005 OCR 30 177], [2005 RCR CRI 1 297], [2005 CALCRILR 1 487], [2005 CRIMES SC 1 1], [2004 AIR SCW 6813], [2005 CTC SC 1 134]
Other Sources :
https://indiankanoon.org/doc/7496/
https://www.casemine.com/judgement/in/5609ae0be4b0149711412c9f
Index of Quash judgments u/s 482 are here.
Rajiv Thapar and Ors Vs Madan Lal Kapoor on 23 January, 2013
Wonderful Judgment from our Supreme Court. See Hon’ble Apex Court has in detailed analyzed the contention of to quash or not to quash. This has become a landmark judgment which provides the below guidelines to quash/discharge.
Based on the factors canvassed in the foregoing paragraphs, we would delineate the following steps to 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 material 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.
Read the way in which Justice J.S. Khehar has answered the above steps and finally quashed the High Court order to not discharge the accused.
Definitely a interesting read !!
Citations: [2
Other Source links:
Index of Discharge Judgments u/s 227 Cr.P.C. is here.
Amit Kapoor Vs Ramesh Chander & Anr on 13 September, 2012
In the judgment of Apex Court, a Quash order by the High Court is set aside.
Thus, we are of the considered view that the finding returned by the High Court suffers from an error of law. It has delved into the field of appreciation and evaluation of the evidence which is beyond the jurisdiction, either revisional or inherent, of the High Court under Sections 397 and 482 of the Code.
Citations: [2
Other Source links:
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
Kans Raj Vs State of Punjab and Ors on 26 April 2000
Supreme court held that one should discourage the tendency to rope in all relations in dowry cases.
For the fault of the husband, the in-laws or the other relations cannot, in all cases, be held to be involved in the demand of dowry. In cases where such accusations are made, the overt acts attributed to persons other than husband are required to be proved beyond reasonable doubt. By mere conjectures and implications such relations cannot be held guilty for the offence relating to dowry deaths. A tendency has, however, developed for roping in all relations of the in-laws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even against the real culprits. In their over enthusiasm and anxiety to seek conviction for maximum people, the parents of the deceased have been found to be making efforts for involving other relations which ultimately weaken the case of the prosecution even against the real accused as appears to have happened in the instant case.
Citations: [2000 JT SC 5 223], [2000 ACR SC 2 1263], [2000 SCC CRI 0 935], [2000 EASTCRIC 2 698], [2000 RCR CRIMINALINAL 2 695], [2000 SCC CR 0 935], [2000 RCR CRI 2 696], [2000 SCC 5 207], [2000 RCR CRI 2 695], [2000 CCR 2 156], [2000 AIR SC 2324 1], [2000 PLJR 3 68], [2000 ALLMR CRI 0 1180], [2000 MLJ CRI 1 844], [2000 RCR CRIMINAL 2 695], [2000 SLT 4 162], [2002 CLJ 0 2993], [2000 SCR 3 662], [2000 ACC 41 3], [2000 ALD CRI 2 467], [2002 SCC 5 207], [2000 CRI LJ 2993], [2000 LW CRL 2 660], [2000 JIC 2 353], [2000 AIR SC 0 2093], [2000 SRJ 10 330], [2000 ALD CRL 2 467], [2000 SCALE 3 429], [2000 KERLT 2 42], [2000 CRLLJ 2993], [2000 CRLJ 0 2993], [2000 RENTCR 2 695], [2000 AIR SC 2324], [2002 RCR CRIMINAL 2 695], [2000 JCRIC 2 665], [2000 DMC SC 1 645], [2000 SCC 5 2007], [2000 SUPREME 3 554], [2000 CRIMES 2 213]
Other Source links: https://indiankanoon.org/doc/1263837/
Taramani Parakh Vs State Of M.P. & Ors on 16 March, 2015
In this judgment of Apex Court, Justice AK Goel held that there are allegation against accused in FIR which need to be dealt with during trial but quashing same by Hon’ble High Court is set aside.
Bhura Ram And Ors Vs State Of Rajasthan & Anr on 2 April, 2008
Another simple Supreme Court judgment clarifying the jurisdiction that the magistrate can exercise.
The facts stated in the complaint disclose that the complainant left the place where she was residing with her husband and in-laws and came to the city of Sri Ganganagar, State of Rajasthan and that all the alleged acts as per the complaint had taken place in the State of Punjab. The Court at Rajasthan does not have the jurisdiction to deal with the matter. On the basis of the factual scenario disclosed by the complainant in the complaint, the inevitable conclusion is that no part of cause of action arose in Rajasthan and, therefore, the Magistrate concerned has no jurisdiction to deal with the matter.
Shakson Belthissor Vs State Of Kerala & Anr on 6 July, 2009
Simple case on allegations not meeting the criterion on IPC 498A is confirmed by Hon’ble Supreme Court in this 482 quash judgment.
When we examine the facts of the present case particularly the FIR and the charge sheet we find that there is no such allegation either in the FIR or in the charge sheet making out a prima facie case as narrated under explanation(a). There is no allegation that there is any such conduct on the part of the appellant which could be said to be amounting to cruelty of such a nature as is likely to cause the Respondent No. 2 to commit suicide or to cause any injury to her life. The ingredient to constitute an offence under explanation (a) of Section 498A IPC are not at all mentioned either in FIR or in charge sheet and in absence thereof, no case is made out. Therefore, explanation (a) as found in Section 498A IPC is clearly not attracted in the present case.
We, therefore, now proceed to examine as to whether the case would fall under explanation (b) of Section 498A of IPC constituting cruelty of the nature as mentioned in explanation (b). In order to constitute cruelty under the said provision there has to be harassment of the woman with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or a case is to be made out to the effect that there is a failure by her or any person related to her to meet such demand. When the allegation made in the FIR and charge sheet is examined in the present case in the light of the aforesaid provision, we find that no prima facie case even under the aforesaid provision is made out to attract a case of cruelty.
Citations : [2010 SCC CRI 1 1412], [2009 AIOL 863], [2009 SCC 14 466], [2009 SUPREME 5 281], [2009 ANJ SC SUPP 2 55], [2009 JT 8 617], [2009 SCR 9 1187], [2009 SCALE 9 70], [2009 AIC SC 80 192], [2009 ECRN SC 3 818]
Other Sources :
https://indiankanoon.org/doc/437533/
https://www.casemine.com/judgement/in/5609aec9e4b0149711414c59
Index of Quash judgments is here.
Soma Chakravarty vs State Through CBI on 10 May, 2007 (S B Sinha)
Justice S.B. Sinha has the follow judgment on the Soma Chakravarty case.
Charge may although be directed to be framed when there exists a strong suspicion but it is also trite that the court must come to a prima facie finding that there exists some materials therefor. Suspicion cannot alone, without anything more, it is trite, form the basis therefor or held to be sufficient for framing charge
Here is the judgment from Justice Markandey Katju in this same case.
