Here is a list the Supreme Court of India judgments applicable to various legal grounds to go for Discharge u/s 227 or 239 or 245 and Quash u/s 482.
Included few High Court judgments too for reference. Read the individual judgments to find the operative text of the respective judgments.
There are quite a few legal grounds on the basis of which a case can be discharged at Magistrate/Sessions Court or Quashed (High Court and Supreme Court).
Note1: Read State Of Orissa Vs Debendra Nath Padhi on 29 November, 2004 to understand that during Quash proceedings at High Court, Evidence of Sterling/Unimpeachable Quality from Defence/Accused can be adduced to dismantle the case of Prosecution at Trial Court.)
Note2: Second 482 CrPC petition is maintainable as per Landmark judgment in ‘Superintendent and Remembrancer of Legal Affairs West Bengal Vs Mohan Singh and Ors on 08 Oct 1974‘.
Note3: A Petition under section 482 CrPC is maintainable even when a Revision is available under 397/401 CrPC says, ‘Dhariwal Tobaco Products Ltd and Ors Vs State of Maharashtra and Anr on 17 Dec 2008‘.
Note4: Read recent landmark decision of a Full bench of the Apex Court on when to/not Quash a FIR/case in ‘Neeharika Infrastructure Pvt Ltd Vs State of Maharashtra and Ors‘ [2021 SCC ONLINE SC 315]
Note: If you want to read this thread from beginning, go here.
No Jurisdiction Judgments
- Satvinder Kaur vs State (Govt. Of N.C.T. Of Delhi) on 5 October, 1999 (1999) 8 SCC 728
- Y. Abraham Ajith & Ors Vs Inspector Of Police, Chennai & Anr on 17 August, 2004
- Manish Ratan And Others Vs State Of M.P And Another on 01 Nov 2006
- Sonu and others Vs Govt. of NCT of Delhi and another on 10 October, 2007
- Geeta Mehrotra & Anr vs State Of U.P. & Anr on 17 October, 2012 (Includes delay in complaint, vague allegations)
- Sivangala Thandi Deepak & Others Vs The State of A.P. on 11 July 2014
- Amarendu Jyoti And Others vs. State Of Chhattisgarh And Others on 4 Aug, 2014
- Sudhir Mansinghka Vs State (Govt Of Nct Of Delhi) & Anr on 4 August, 2015
- Amit Kumar Yadav And Others vs State Of Telangana on 11 September, 2015 (AP High Court judgment; Includes delay in complaint, perjury)
- G.Ramamoorthy Vs The State Of Karnataka on 31 July, 2017
- Manoj Vishwakarma & Ors vs The State Of Bihar & Anr on 12 September, 2017
- Vishnu Mohan Jha & Ors vs The State Of Bihar & Anr on 21 November, 2017
- Rupali Devi Vs State of UP and Ors on 09 April, 2019 (Bad law: No territorial Jurisdiction is applicable in 498A IPC cases)
Vague and General and omnibus Allegations
- MS Pepsi Foods Ltd and Anr Vs Spl JM and Ors on 4 November, 1997 (Complaint Case)
- Ashok Chaturvedi and Ors Vs Shitul H Chanchani and Anr on 13 August, 1998 (Complaint Case)
- B.S. Joshi & Ors Vs State Of Haryana & Anr on 13 March, 2003 (High Courts can quash a FIR or non-compoundable cases also not listed under CrPC 320)
- Neelu Chopra and Anr Vs Bharti on 7 October, 2009
- Preeti Gupta & Anr vs State Of Jharkhand & Anr on 13 August, 2010
- Joseph Salvaraj A Vs State of Gujarat and Ors on 4 Jul 2011 [SC: Quash can be done even after charge sheet is filed by Police]
- Gian Singh Vs State Of Punjab & Anr on 24 September, 2012 (Scenarios when a criminal proceeding can be quashed)
- Buravilli Siva Madhuri Vs. Sri Buravilli Satya Venkata Lakshmana Rao and others on 25 September, 2012
- Dipakbhai Ratilal Patel Vs State Of Gujarat on 26 September, 2014
- Sandeep Singh Bais Vs The State Of Madhya Pradesh on 9 March, 2017
- Nafisa Anjum Vs State of Chhattisgarh on 26 Sep 2018 [Chattisgarh HC: DV on relatives quashed who do not have shared household]
- Korimerla Videesha Vs State of A.P. and Anr on 12 October, 2018 (AP High Court)
- Anil Kumar and 2 Ors Vs State of A.P. Anr on 03 Apr 2019 (Telangana High Court: No evidence of Dowry Transaction)
- Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (Conviction of 498A IPC set aside due to settlement; Cites BS Joshi caselaw)
- Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022 (498A IPC quashed due to General and Omnibus allegations)
- Krishnanand Mishra and Anr Vs State of Jharkhand on 09 Aug 2023 [Jharkhand HC: Misuse of Section 498A IPC; General and Omnibus allegations]
- Rajan and Anr Vs The State of Madhya Pradesh and Anr on 17 Aug 2023 [Package of 5 cases laid on parents of husband]
- Abhishek Gour Vs State of MP on 31 Aug 2023 [SC: Quash can be done even after charge sheet is filed by Police]
- Rakesh Rajput and Anr Vs State of Jharkhand and Anr on 31 Oct 2023 [Jharkhand HC: Misuse of Section 498A IPC; General and Omnibus allegations]
- Mamta Shailesh Chandra Vs State of Uttarakhand and Ors on 29 Jan 2024 [SC: Quash can be done even after charge sheet is filed by Police]
- Mainoddin Vs State of Karnataka on 02 Feb 2024 [Relied on Kahkashan Kausar @ Sonam Vs State of Bihar]
- Mamida Anil Kumar Reddy Vs State of AP and Anr on 05 Feb 2024 [Relying on Kahkashan Kausar @ Sonam Vs State of Bihar, Apex Court trashed the nonsensical decision of AP High Court]
- Rajesh Aggarwal and Anr Vs State of NCT Delhi and Anr on 12 Mar 2024 [DHC: Relied on Kahkashan Kausar @ Sonam Vs State of Bihar]
- Mathi Vijaya Lakshmi and Ors Vs State of Telangana and Anr on 03 May 2024 [TelHC: Relied on Category 1 of Bhajan lal and Preethi Gupta]
- CB Prakash and Anr Vs State of Karnataka and Anr on 04 Jun 2024 [KarHC: Relied on Kahkashan Kausar]
- Shaileshbhai Ranchhodbhai Patel and Anr Vs State of Gujarat and Ors on 28 Aug 2024 [SC: FIR can be quashed even after filing of CS]
Allegations do not attract provisions of Sections in FIR
- R.P. Kapur Vs State of Punjab 25 March, 1960
- Dr.N.G.Dastane Vs. Mrs.S.Dastane on 19 March, 1975
- State of Karnataka Vs. L. Muniswamy AIR 1977 SC 1489 [Inadequate material to sustain the charge of prosecution]
- Smt. Sarla Prabhakar Waghmare v State of Maharashtra & Ors 1990 (2) RCR 18
- State Of Haryana Vs Ch Bhajan Lal on 21 November, 1990 [A set of subsequent case laws arose from this landmark judgment]
- Richhpal Kaur v. State of Haryana and Anr. 1991 (2)
- V. Bhagat vs D. Bhagat on 19 November, 1993 AIR 1994 SC 710
- State of H.P.V Nikku Ram & Ors 1995 (6) SCC 219
- Satish Mehra Vs Delhi Administration and Anr on 31 July 1996
- Shobha Rani v Madhukar Reddy AIR 1998 SC 121
- Mohd. Hoshan v. State of A.P.; (2002) 7 SCC 414
- Girdhar Shankar Tawade v. State of Maharashtra, AIR 2002 SC 2078
- Savitri Devi Vs Ramesh Chand And Ors. on 19 May, 2003 (Delhi High Court)
- Manju Ram Kalita vs State Of Assam on 29 May, 2009 (Conviction under IPC 498A set aside)
- Sundar Babu & Ors Vs State Of Tamil Nadu on 19 February, 2009
- U.Suvetha Vs State By Insp.Of Police & Anr on 6 May, 2009 (Concubine is not a relative of husband)
- Shakson Belthissor Vs State Of Kerala & Anr on 6 July, 2009 [Allegations do not attract 498A IPC ingredients]
- Vijeta Gajra Vs State Of Nct Of Delhi on 7 July, 2010
- Preeti Gupta & Anr vs State Of Jharkhand & Anr on 13 August, 2010 [SC: Family members who are residing away from accused No.1 cannot be roped into the case]
- Sunita Jha Vs State Of Jharkhand & Anr on 13 September, 2010
- S Praveen Vs State Of Karnataka on 25 June, 2012
- Asha Devi & Ors. Vs The State Of Bihar & Anr. on 24 July, 2012
- Banti And Others vs State Of U.P. And Another on 31 August, 2012
- Movva Raja Ram Vs State Of A.P. on 18 June, 2013
- State Of Punjab Vs Gurmit Singh on 2 July, 2014
- Babita Sumanprakash Soni Vs State Of Gujarat & on 4 December, 2014 (Concubine is not a relative of husband; IPC 494 is not applicable on concubine)
- Deepika Tiwary Vs State Of Jharkhand on 6 January, 2015
- Gayathri Kunjithaya Vs State Of Kerala On 19 January 2015
- Rajinder Singh Vs State of Punjab on 26 February 2015 [Overruled Appasaheb and Vipin Jaiswal]
- Dr. Rajneesh Satyadev Rajpurohit Vs Magistrate No.3 on 16 April, 2015
- Shaik Riayazun Bee Vs The State Of A.P. on 1 June, 2016
- Varala Bharath Kumar Vs The State Of Telangana on 5 September, 2017 [Allegations do not attract 498A and 406 IPC ingredients]
- Subramani Vs The Sub-Inspector Of Police on 31 October, 2017 (Marriage should be there, to apply IPC 498A)
- K R Nandakumar Vs State Of Karnataka on 16 March, 2018
- K. Subba Rao Vs The State Of Telangana on 21 August, 2018
- Arnab Manoranjan Goswami Vs State of Maharashtra and Ors on 11 Nov 2020 [allegations do not attract the provision of IPC 306; Separate FIRs Filed At Different Jurisdictions And In Same Incident Under Same Offence NOT allowed]
- Samad Habib Mithani and Ors Vs State of Maharashtra and Anr on 25 Jul 2024 [relying on R.P. Kapur Vs State of Punjab, Family members cannot be roped into the case]
- Mr xxxx Bhat Vs State of Karnataka and Ms xxxx Rao on 28 Jun 2024 [relying on R.P. Kapur Vs State of Punjab, Achin Gupta Vs State of Haryana and Bhajan Lal, quashed proceedings; 211 IPC also suggested]
Maliciously Instituted/ Counterblast cases/ Delay Not explained Cases
- State of Karnataka Vs M. Devendrappa and Anr on 16 Jan 2002 [Category 7 of Bhajan lal; Counterblast case]
- Sanapareddy Maheedhar and Anr Vs State of Andhra Pradesh and Anr on 13 December 2007 [Time-barred u/s 468]
- Priya Vrat Singh & Ors Vs Shyam Ji Sahai on 5 August, 2008
- State Of A.P Vs M. Madhusudhan Rao on 24 October, 2008
- MS Eicher Tractors Ltd and Ors Vs Harihar Singh and Anr on 7 Nov 2008 [Category 7 of Bhajan lal; Counterblast case]
- Sundar Babu & Ors Vs State Of Tamil Nadu on 19 February, 2009
- Office of the Chief Post Master Vs Living Media India Ltd on 24 February 2012 [Various liberal principles in condoning delays under Sec 5 of Limitation Act; Time limitation applies to Govt instrumentality-appellant]
- Rajiv Thapar and Ors Vs Madan Lal Kapoor on 23 January, 2013 [SC: guidelines to/not to quash/discharge]
- Vineet Kumar And Ors Vs State Of UP & Anr on 31 March, 2017
- State vs Mumtaz Ali & Anr on 8 August, 2017
- Chandresh Shrivastava Vs The State Of Madhya Pradesh on 22 February, 2018
- Abhishek Singh Vs State of M.P. on 26 Dec 2022 [MPHC: 498A IPC covers invalid marriages also]
- Swapan Kumar Das Vs State of West Bengal on 21 Aug 2023 [CalHC: proceeding are instituted only to fulfil personal grudge; Category 1 of Bhajan lal]
- Achin Gupta Vs State of Haryana and Anr on 03 May 2024 [Category 7 of Bhajan lal; Counterblast case]
Material evidence required that supports allegations
- R.P. Kapur Vs State of Punjab 25 March, 1960
- Hira Lal & Ors. v. State (Govt. of NCT), Delhi, AIR 2003 SC 2865
- Kaliyaperumal & Anr. v. State of Tamil Nadu, AIR 2003 SC 3828
- CBI Vs Mukesh Pravinchandra Shroff and Ors on 25 November 2005
- Parkash Singh Badal and Anr Vs State of Punjab and Ors on 6 December 2006 [there prima facie appears existence of any material and not the sufficiency of the materials]
- Ran Singh and Anr. Vs. State of Haryana and Anr, Case no. appeal (Crl) 222 of 2008 arising out of SLP (Crl.) No. 3089 of 2006
- M. Srinivasulu v. State of A.P., AIR 2007 SC 3146
- Appasaheb & Anr. v. State of Maharashtra, AIR 2007 SC 763 [Overruled in Rajinder Singh here]
- Shivanand Mallappa Koti v. State of Karnataka, AIR 2007 SC 2314
- Sukhram v. State of Maharashtra, AIR 2007 SC 3050
- Vipin Jaiswal Vs State of A.P. on 13 March 2013 [Demand of Property has to be in connection with marriage, as per Sec 2 of DP Act 1961] [Overruled in Rajinder Singh here]
- Surinder Singh Vs State of Haryana on 13 November 2013 [Part-paid dowry is in Connection with Marriage]
- M. Sudarshan Goud and Ors Vs The State of AP on 24 April 2020 [Demand of Property has to be in connection with marriage, as per Sec 2 of DP Act 1961]
Approaching Court with unclean hands
- All Perjury judgments can be gainfully utilized. They are here.
498A IPC not maintainable due to null and void marriage/Earlier Divorce
- Shivcharan Lal Verma and Anr Vs State of Madhya Pradesh on 19 Feb 2002 [SC]
- Reema Aggarwal v. Anupam And Others on 8 Jan 2004 [SC: Held as per incuriam]
- Mohit Gupta and Ors vs Govt of NCT of Delhi and Anr on 16 Oct 2006 [DelHC]
- Mohammad Miyan and Ors Vs State of UP on 21 Aug 2018 [SC: Earlier divorced hence offences of IPC 498A and Dowry Prohibition Act is not tenable/maintainable]
- Kanchanapally Srinivas Vs State of Telangana on 26 Apr 2021 [TSHC: Relying on Mohammad Miyan, Earlier divorced hence offences of IPC 498A and Dowry Prohibition Act is not tenable/maintainable]
- Kode Narasimha Kumar and Ors Vs State of AP on 10 Nov 2022 [APHC: Relying on Mohammad Miyan, Earlier divorced hence offences of IPC 498A and Dowry Prohibition Act is not tenable/maintainable]
- P Sivakumar and 2 Ors Vs State of Tamil Nadu on 09 Feb 2023 [SC]
- Kantharaju Vs State of Karnataka on 17 Jul 2023 [KarHC]
- M.Sreenivasulu and Ors Vs State of AP and Ors on 15 May 2024 [APHC]
Discharge Judgments u/s 227 Cr.P.C.
- All discharge judgments u/s 227 CrPC can be found here.
Discharge Judgments u/s 239 Cr.P.C.
- All discharge judgments u/s 239 CrPC can be found here.
MASTER SITEMAP here.