Vishal Noble Singh Vs State of Uttar Pradesh on 24 Jan 2024

Posted on June 29, 2024 by ShadesOfKnife

A division bench of Apex Court held as follows

From Para 14,

14. The contents of the FIR as well as the chargesheet would have to be read in light of the ingredients mentioned in the aforesaid Sections and in light of the facts and circumstances of these cases. The FIR as well as the charge-sheet have invoked Sections 406, 419, 420, 467, 468, 471 and Section 120B of the IPC. The aforesaid Sections are reproduced above. We fail to understand as to how the allegations against the appellants herein could be brought within the scope and ambit of the aforesaid sections.

From Para 17,

17. On a reading of the FIR as well as the charge-sheet, we do not find that the offences aforestated is made out at all. We do not find any criminal breach of trust nor any cheating by impersonation. There is also no cheating and dishonestly inducing delivery of property, nor has any documents referred to any forgery or security or any forgery for the purpose of cheating. There is no reference to any document which has been forged so as to be used as a genuine document and much less is as there any criminal conspiracy which can be imputed to the appellants herein in the absence of any offence being made out vis-a-vis the aforesaid Sections.

From Para 19,

19. On a careful consideration of the aforementioned judicial dicta, we find that none of the offences alleged against the Accused-Appellants herein is made out. In fact, we find that the allegations of criminal intent and other allegations against the Accused-Appellants herein have been made with a malafide intent and therefore, the judgment of this Court in the case of Bhajan Lal and particularly sub-paragraphs 1, 3, 5 and 7 of paragraph 102, extracted above, squarely apply to the facts of these cases. It is neither expedient nor in the interest of justice to permit the present prosecution to continue.

From Paras 21-23,

21. We find that in recent years the machinery of criminal justice is being misused by certain persons for their vested interests and for achieving their oblique motives and agenda. Courts have therefore to be vigilant against such tendencies and ensure that acts of omission and commission having an adverse impact on the fabric of our society must be nipped in the bud.
22. We say so for the reason that while the second respondent-complainant has made grave allegations against the appellants herein and on whose behalf a charge-sheet has also been filed against such allegations has failed to appear before this Court to justify the same. Such acts would not only cause deep fissures and mistrust between people and also unnecessarily burden the law courts and the criminal justice system.
23. We are constrained to make the aforesaid observations particularly having regard to the fact that the second Respondent complainant having made the allegations against the appellants and others has failed to appear before this Court to justify the same. The non-appearance of the second respondent before this Court is indicative of his prejudicial attitude and temperament and his inability to justify any of the allegations against the appellants herein and therefore his absence in this proceeding.

Vishal Noble Singh Vs State of Uttar Pradesh on 24 Jan 2024

MS SAS Infratech Pvt Ltd Vs State of Telangana and Anr on 14 May 2024

Posted on June 1, 2024 by ShadesOfKnife

A division bench of the Apex Court held as follows,

From Paras 8-11,

8. In view of the above, it is clear that when the Magistrate in exercise of his judicial discretion directs investigation under Section 156(3) of Cr. P.C., he cannot be said to have taken cognizance of any offence. It is only when the Magistrate after applying his mind prefers to follow the procedure under Chapter XV of Cr.P.C. by resorting to Sections 200, he can be said to have taken cognizance of the offence.
9. The learned counsel for Respondent No.2 has placed reliance of the decision of this Court in “Priyanka Srivastava And Another Versus State of Uttar Pradesh And Others” (2015) 6 SCC 287 to submit that the complaint filed by the appellant – complainant was not supported by an affidavit. In our opinion, the said observation has been made in the said case by way of abundant caution to see that frivolous complaints are avoided.
10. In the instant case, as transpiring from the order passed by the Trial Court, the said Court had perused the complaint and the documents in support thereof, and also the submissions made by the learned counsel for the appellant – complainant and after having been prima facie satisfied, it had exercised its judicial discretion directing investigation under Section 156(3) of Cr. P.C. Such order being just, legal and proper, the High Court should not have interfered with the same, more particularly while exercising limited powers under Section 482 of Cr. P.C.
11. In that view of the matter, the impugned order passed by the High Court is set aside and the order dated 30-6-2023 passed by the Trial Court is restored.

MS SAS Infratech Pvt Ltd Vs State of Telangana and Anr on 14 May 2024

Citations:

Other Sources:

The decision of the Telangana High Court is here.

From Paras 4 and 5 [Consequences to the Lack of understanding of the procedures between Sec 156(3) CrPC and Sec 200 read with Sec 190 of CrPC)]

3. The docket order dated 30.06.2023 passed in S.R.No.3297 of 2023 by the Principal Junior Civil Judge-cum-XI Additional Metropolitan Magistrate, Medchal-Malkajgiri District, Kukatpally, reads as follows:
“Complainant called present. The learned counsel for the complainant is present. Heard the learned counsel for the complainant. Perused the complaint and on scrutiny of the complaint, documents and also the submission made by the learned counsel for the complaint, this Court found prima-face case, hence this complaint is referred to SHO, PS Bachupally U/Sec. 156 (3) of Cr.P.C for investigation and report.”
4. It is the contention of the learned counsel for the petitioner/accused No.3 that the learned Magistrate has not applied judicial mind for forwarding the complaint to the police for investigation under Section 156 (3) of Cr.P.C and further no reasons have been assigned by the trial Court while disposing of the matter and therefore, seeks to set aside the said docket order.
5. As per the procedure laid down under Section 200 of Cr.P.C, a Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate. If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under Section 202 of Cr.P.C, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.

Manne Mahesh Yadav Vs State of Telangana on 14 Sep 2023

Ruchi Agarwal Vs Amit Kumar Agrawal and Ors on 5 Nov 2004

Posted on May 22, 2024 by ShadesOfKnife

A division bench of the Apex Court held that Once MCD done with no future claims, maintenance cannot be claimed later.

It is based on the said compromise the appellant obtained a divorce as desired by her under Section 13(B) of the Hindu Marriage Act and in partial compliance of the terms of the compromise she withdrew the criminal case filed under Section 125 of the Criminal Procedure Code but for reasons better known to her she did not withdraw that complaint from which this appeal arises. That apart after the order of the High Court quashing the said complaint on the ground of territorial jurisdiction, she has chosen to file this appeal. It is in this background, we will have to appreciate the merits of this appeal.
Learned counsel appearing for the appellant, however, contended that though the appellant had signed the compromise deed with the above-mentioned terms in it, the same was obtained by the respondent-husband and his family under threat and coercion and in fact she did not receive lump sum maintenance and her Stridhan properties, we find it extremely difficult to accept this argument in the background of the fact that pursuant to the compromise deed the respondent-husband has given her a consent divorce which she wanted thus had performed his part of the obligation under the compromise deed. Even the appellant partially performed her part of the obligations by withdrawing her criminal complaint filed under Section 125. It is true that she had made a complaint in writing to the Family Court where Section 125 Cr.P.C. proceedings were pending that the compromise deed was filed under coercion but she withdrew the same and gave a statement before the said court affirming the terms of the compromise which statement was recorded by the Family Court and the proceedings were dropped and a divorce was obtained. Therefore, we are of the opinion that the appellant having received the relief she wanted without contest on the basis of the terms of the compromise, we cannot now accept the argument of the learned counsel for the appellant. In our opinion, the conduct of the appellant indicates that the criminal complaint from which this appeal arises was filed by the wife only to harass the respondents.

Ruchi Agarwal Vs Amit Kumar Agrawal and Ors on 5 Nov 2004

Citations:

Other Sources:
https://indiankanoon.org/doc/1892287/
https://www.casemine.com/judgement/in/5609adf3e4b01497114129dc

Saroj Rani Vs Sudarshan Kumar Chadha on 8 Aug 1984

Posted on May 22, 2024 by ShadesOfKnife

A division bench of the Apex Court held that ‘Section 9 of Hindu Marriage Act, 1955 (popularly called as Restitution of Conjugal Rights case) is not violative of Articles 14 and 21 (right to privacy)‘.

Saroj Rani Vs Sudarshan Kumar Chadha on 8 Aug 1984

Kunal Choudhary Vs State of Jharkhand and Anr on 05 Dec 2023

Posted on May 4, 2024 by ShadesOfKnife

A division of the Apex Court set aside a weird condition in an Anticipatory Bail petition in a Sec 498A IPC case.

From Para 5,

5. The High Court vide the impugned order has dismissed the Cr.M.P. No.2419 of 2021 filed by the appellant observing that in view of the adamant attitude of the appellant in not resuming the conjugal life with the opposite party No.2 in the house of the appellant, where the opposite party No.2 was staying, his petition could not be considered. In our opinion, neither such condition should have been imposed by the High Court while granting an anticipatory bail, nor such could be a ground for rejection of the petition filed by the appellant.

Kunal Choudhary Vs State of Jharkhand and Anr on 05 Dec 2023

Modification on the following order was dismissed.

Kunal Choudhary Vs State of Jharkhand and Anr on 17 Jun 2022

Anticipatory Bail was granted with this condition…

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on satisfying the trial court that the petitioner has taken the opposite party no.2 to his house at Pandra locality of Ranchi and keeping and maintaining her with full dignity and honour as his lawful wife and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Ranchi in connection with Complain Case No. 3004 of 2018 with the condition that he will co-operate with the trial of the case with condition that he will take the opposite party no.2 to his house at Pandra in the locality of Ranchi and keeping and maintaining her with full dignity and honour as his lawful wife and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Kunal Choudhary Vs State of Jharkhand and Anr on 10 Aug 2021

Index of Anticipatory Bail Judgments is here.

Achin Gupta Vs State of Haryana and Anr on 03 May 2024

Posted on May 4, 2024 by ShadesOfKnife

A division bench of the Apex Court held as follows,

From Para 31-32,

31. We are of the view that the category 7 referred to above should be taken into consideration and applied in a case like the one on hand a bit liberally. If the Court is convinced by the fact that the involvement by the complainant of her husband and his close relatives is with an oblique motive then even if the FIR and the chargesheet disclose the commission of a cognizable offence the Court with a view to doing substantial justice should read in between the lines the oblique motive of the complainant and take a pragmatic view of the matter. If the submission canvassed by the counsel appearing for the Respondent No. 2 and the State is to be accepted mechanically then in our opinion the very conferment of the inherent power by the Cr.P.C. upon the High Court would be rendered otiose. We are saying so for the simple reason that if the wife on account of matrimonial disputes decides to harass her husband and his family members then the first thing, she would ensure is to see that proper allegations are levelled in the First Information Report. Many times the services of professionals are availed for the same and once the complaint is drafted by a legal mind, it would be very difficult thereafter to weed out any loopholes or other deficiencies in the same. However, that does not mean that the Court should shut its eyes and raise its hands in helplessness, saying that whether true or false, there are allegations in the First Information Report and the chargesheet papers disclose the commission of a cognizable offence. If the allegations alone as levelled, more particularly in the case like the one on hand, are to be looked into or considered then why the investigating agency thought fit to file a closure report against the other co-accused? There is no answer to this at the end of the learned counsel appearing for the State. We say so, because allegations have been levelled not only against the Appellant herein but even against his parents, brother & sister. If that be so, then why the police did not deem fit to file chargesheet against the other co-accused? It appears that even the investigating agency was convinced that the FIR was nothing but an outburst arising from a matrimonial dispute.
32. Many times, the parents including the close relatives of the wife make a mountain out of a mole. Instead of salvaging the situation and making all possible endeavours to save the marriage, their action either due to ignorance or on account of sheer hatred towards the husband and his family members, brings about complete destruction of marriage on trivial issues. The first thing that comes in the mind of the wife, her parents and her relatives is the Police, as if the Police is the panacea of all evil. No sooner the matter reaches up to the Police, then even if there are fair chances of reconciliation between the spouses, they would get destroyed. The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other’s fault to a certain bearable extent has to be inherent in every marriage. Petty quibbles, trifling differences are mundane matters and should not be exaggerated and blown out of proportion to destroy what is said to have been made in the heaven. The Court must appreciate that all quarrels must be weighed from that point of view in determining what constitutes cruelty in each particular case, always keeping in view the physical and mental conditions of the parties, their character and social status. A very technical and hyper sensitive approach would prove to be disastrous for the very institution of the marriage. In matrimonial disputes the main sufferers are the children. The spouses fight with such venom in their heart that they do not think even for a second that if the marriage would come to an end, then what will be the effect on their children. Divorce plays a very dubious role so far as the upbringing of the children is concerned. The only reason why we are saying so is that instead of handling the whole issue delicately, the initiation of criminal proceedings would bring about nothing but hatred for each other. There may be cases of genuine ill-treatment and harassment by the husband and his family members towards the wife. The degree of such ill-treatment or harassment may vary. However, the Police machinery should be resorted to as a measure of last resort and that too in a very genuine case of cruelty and harassment. The Police machinery cannot be utilised for the purpose of holding the husband at ransom so that he could be squeezed by the wife at the instigation of her parents or relatives or friends. In all cases, where wife complains of harassment or ill-treatment, Section 498A of the IPC cannot be applied mechanically. No FIR is complete without Sections 506(2) and 323 of the IPC. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty.

From Para 35,

35. In one of the recent pronouncements of this Court in Mahmood Ali & Ors. v. State of U.P & Ors., 2023 SCC OnLine SC 950, authored by one of us (J.B. Pardiwala, J.), the legal principle applicable apropos Section 482 of the CrPC was examined. Therein, it was observed that when an accused comes before the High Court, invoking either the inherent power under Section 482 CrPC or the extraordinary jurisdiction under Article 226 of the Constitution, to get the FIR or the criminal proceedings quashed, essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive of wreaking vengeance, then in such circumstances, the High Court owes a duty to look into the FIR with care and a little more closely. It was further observed that it will not be enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not as, in frivolous or vexatious proceedings, the court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection, to try and read between the lines.

Achin Gupta Vs State of Haryana and Anr on 03 May 2024

Index of Quash judgments is here.

Pathapati Subba Reddy (Died) By LRs and Ors Vs Special Deputy Collector (LA) on 08 Apr 2024

Posted on April 11, 2024 by ShadesOfKnife

A division bench of Apex Court passed these guidelines with respect to condoning the delay in filing appeals…

From Para 26,

26. On a harmonious consideration of the provisions of the law, as aforesaid, and the law laid down by this Court, it is evident that:
(i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself;
(ii) A right or the remedy that has not been exercised or availed of for a long time must come to an end or cease to exist after a fixed period of time;
(iii) The provisions of the Limitation Act have to be construed differently, such as Section 3 has to be construed in a strict sense whereas Section 5 has to be construed liberally;
(iv) In order to advance substantial justice, though liberal approach, justice-oriented approach or cause of substantial justice may be kept in mind but the same cannot be used to defeat the substantial law of limitation contained in Section 3 of the Limitation Act;
(v) Courts are empowered to exercise discretion to condone the delay if sufficient cause had been explained, but that exercise of power is discretionary in nature and may not be exercised even if sufficient cause is established for various factors such as, where there is inordinate delay, negligence and want of due diligence;
(vi) Merely some persons obtained relief in similar matter, it does not mean that others are also entitled to the same benefit if the court is not satisfied with the cause shown for the delay in filing the appeal;
(vii) Merits of the case are not required to be considered in condoning the delay; and
(viii) Delay condonation application has to be decided on the parameters laid down for condoning the delay and condoning the delay for the reason that the conditions have been imposed, tantamounts to disregarding the statutory provision.

Pathapati Subba Reddy (Died) By LRs and Ors Vs Special Deputy Collector (LA) on 08 Apr 2024

Mainoddin Vs State of Karnataka on 02 Feb 2024

Posted on March 24, 2024 by ShadesOfKnife

A division bench of Apex Court held that, ‘vague,general and omnibus allegations against the family members/relatives implicating them in matrimonial disputes are an abuse of process of
law.’

From Paras 4 and 5,

4. The present appellant is the younger brother of the husband of complainant-respondent no.2 and the only allegation made against him in the last
paragraph of the complaint is that all the family members of the husband joined together and used foul language against the complainant of not
getting dowry from her family.
5. It is already well settled by this Court in the case of Geeta Mehrotra & Anr. vs. State of U.P. and Anr. reported in (2012) 10 SCC 741 and also in the case of Kahkashan Kausar @ Sonam & Ors. vs. State of Bihar & Ors. in Criminal Appeal No.195 of 2022 decided on 08.02.2022, that such vague, general and omnibus allegations against thefamily members/relatives implicating them in matrimonial disputes are an abuse of process of law.

Mainoddin Vs State of Karnataka on 02 Feb 2024

Index of landmark quash judgements is here.

Bezawada Chandravadana Vs State of Telangana and Anr

Posted on March 22, 2024 by ShadesOfKnife

A division bench of the Apex Court held as follows,

On 15-Mar-2024,

3. Heard Mr. Abid Ali Beeran P, learned counsel appearing for the petitioner. The counsel submits that the petitioner is the complainant and the respondent No. 2 who is her husband, is facing the proceeding in CC No. 249 of 2012 before the Magistrate’s Court at Hyderabad. In course of the said proceeding, the petitioner was examined as PW-1 and on the basis of her response in the cross-examination, the respondent No. 2 had filed the application under Section 91 of the Cr.P.C. for a direction on the petitioner to produce her passport for the purpose of further cross-examination. According to the counsel, the said prayer was rightly rejected by the learned Magistrate under her order dated 14.07.2023 (Annexure P/4). However, the High Court under the impugned order has erroneously ordered for production of the petitioner’s passport to substantiate her claim on the travel from USA to India.
4. The counsel would argue that this was an incorrect decision by the High Court as in the application filed by the respondent No. 2, the petitioner was not arrayed as a party. It will also have implication for the privacy of the petitioner.

Bezawada Chandravadana Vs State of Telangana and Anr on 15 Mar 2024

Earlier order from Telangana High Court here.

Shades of Knife

True Colors of a Vile Wife

Category: Supreme Court of India Judgment or Order or Notification

Vishal Noble Singh Vs State of Uttar Pradesh on 24 Jan 2024

MS SAS Infratech Pvt Ltd Vs State of Telangana and Anr on 14 May 2024

Saroj Rani Vs Sudarshan Kumar Chadha on 8 Aug 1984

Kunal Choudhary Vs State of Jharkhand and Anr on 05 Dec 2023

Achin Gupta Vs State of Haryana and Anr on 03 May 2024

Pathapati Subba Reddy (Died) By LRs and Ors Vs Special Deputy Collector (LA) on 08 Apr 2024

Mainoddin Vs State of Karnataka on 02 Feb 2024

Bezawada Chandravadana Vs State of Telangana and Anr