Taking cue from Geeta Mehrotra judgment here, Punjab High Court has quashed proceedings on relatives living far away in Canada taking a ground that no specific allegation are in the complaint.
Amarjit Kaur and Ors Vs Jaswinder Kaur and Ors on 15 May 2020Citations: [2]
Other Source links: https://indiankanoon.org/doc/12422589/
Apex Court held that, a High Court can quash even an interlocutory order under section 482 CrPC.
From Para 11,
Hooghly Mills Company Ltd Vs State of West Bengal on 17 October, 201911. Coming to the final issue, Section 397(2) of the Cr.P.C. provides that the High Court’s powers of revision shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. Whereas Section 482 of the Cr.P.C provides that nothing in the Cr.P.C will limit the High Court’s inherent powers to prevent abuse of process or to secure the ends of justice. Hence the High Court may exercise its inherent powers under Section 482 to set aside an interlocutory order, notwithstanding the bar under Section 397(2). However it is settled law that this can only be done in exceptional cases. This is, for example, where a criminal proceeding has been initiated illegally, vexatiously or without jurisdiction (See Madhu Limaye v. State of Maharashtra, (1977) 4 SCC 551).
Citations:
Indiankanoon.org link:
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
The legal contention to be decided authoritatively in this case in front of Apex Court is that “it should not be understood to have meant that Judges can quash any kind of criminal case merely because there has been a compromise between the parties. After all, a crime is an offence against society, and not merely against a private individual”.
This was referred from a 2-judge bench of Apex Court to decide the issue authoritatively and dissolve the ambiguity, if any.
Gian Singh Vs State Of Punjab & Anr on 24 September, 2012Some or all of the following tests may be relevant to decide whether to quash or not to quash the criminal proceedings in a given case;
(a) the nature and gravity of case;
(b) does the dispute reflect overwhelming and predominantly civil flavour;
(c) would the quashing involve settlement of entire or almost the entire dispute;
(d) the compromise/settlement between parties and/or other facts and the circumstances render possibility of conviction remote and bleak;
(e) not to quash would cause extreme injustice and would not serve ends of justice and
(f) not to quash would result in abuse of process of court.
The key judgment cited in this judgment is here.
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Based on judgment of AP High Court here, this judgment has quashed the entire proceedings under CrPC 482, on the A3 (sister of husband) as there are omnibus allegations on the accused A3.
Myla Sunitha Priyadarshini Vs SHO Nandyal III Town P.S. & State of A.P. on 13 April, 2015
This is classic case of not application of mind all all levels of a criminal case proceedings, until the Hon’ble Supreme Court stepped in and ruled that the allegations in this case do not attract ingredients of IPC 498A or IPC 406 and thereby quashed the entire proceedings for good.
Varala Bharath Kumar Vs The State Of Telangana on 5 September, 2017The AP High Court order is here.
A detailed judgment from Hon’ble High Court of Himachal Pradesh, categorically held that police at Nalagarh had no jurisdiction, as has/had been held hereinabove, proceedings if any pending before Courts at Nalagarh cannot be allowed to sustain and thereby the FIR dated 7.10.2014 as well as consequent proceedings are quashed and set aside
And the knife is at liberty to initiate action, if any, against the petitioners, on account of allegations contained in impugned FIR but at Jallandhar(Pb), either by lodging fresh FIR or by pursuing complaint filed by her at Women Cell Jallandhar.
Yadwinder Singh & Others Vs State Of H.P. & Others on 10 August, 2018Hon’ble High Court of Gujarat in this wonderful judgment, held that
it could not be said that the petitioner who is alleged to have been having an extramarital affair with the husband of the first informant since 2011, would fall within the ambit of “Relative”. Let me assume for the moment that the husband of the first informant has got married with the petitioner in February, 2014. Primafacie, the marriage is invalid. The first marriage is still in subsistence. In such circumstances, the offence under Section 498A could not be said to have been committed.
And, also IPC 494 not applicable on woman,
Babita Sumanprakash Soni Vs State Of Gujarat & on 4 December, 2014Section 494 cannot be made applicable against the petitioner because Section 494 is an offence committed by the husband. If a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. The husband is sought to be prosecuted for the offence under Section 494 of the IPC. The same cannot be made applicable so far as the petitioner before me is concerned.
Hon’ble Karnataka High Court in this order has held that
Shreyas Sharma Vs State Of Karnataka on 22 September, 2014In this particular case, admittedly the police have not seized the Passport during the course of investigation. But at the time of granting bail the court has secured the Passport and kept it in the safe custody of the court and it amounts to retention of the said document and virtually amounts to impounding of the said document, which is prohibited under the above said provision of law and also in view of the decision of the Apex Court.
Two questions of interpretation of law in regards to the DV Act are explained in this landmark Judgment of Hon’ble High Court of Bombay.
Q1. Whether or not the proceedings under the Protection of Women from Domestic Violence Act, 2008 are in the nature of criminal proceedings ?
Proceedings under the Protection of Women from Domestic Violence Act, 2005 are predominantly of civil nature and it is only when there is a breach of the protection order as is contemplated under Section 31 and failure or refusal to discharge duty without any sufficient cause by the protection officer as contemplated under Section 33, the proceedings assume the character of criminality. The first question is answered accordingly.
Q2. Whether or not the High Court can exercise its power under Section 482 of the Code of Criminal Procedure, 1973 in respect of the proceedings under the Protection of Women from Domestic Violence Act, 2005 ?
the second question is answered in the affirmative.
Now, one incidental question would arise as to from what stage the provisions of the Cr.P.C. would become applicable and in our view, the answer could be found out from the provisions of Sections 12 and 13 of the D.V. Act.
A combined reading of these provisions shows that the commencement of the proceedings would take place the moment, the Magistrate applies his mind to the contents of the application and passes any judicial order including that of issuance of notice. Once, the proceeding commences, the procedure under Section 28 of the D.V. Act, subject to the exceptions provided in the Act and the rules framed thereunder, would apply. In other words, save as otherwise provided in the D.V. Act and the rules framed thereunder and subject to the provisions of sub-section (2) of Section 28, the provisions of the Cr.P.C. shall govern the proceedings under Sections 12 to 23 and also those relating to an offence under Section 31 of the D.V. Act on their commencement.
Nandkishor Pralhad Vyawahare Vs Mangal on 3 May, 2018
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.
Legal point around application under/of CrPC 91
State Of Orissa Vs Debendra Nath Padhi on 29 November, 2004In 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 being necessary and desirable, it is implicit that necessity and desirability is to be examined considering the stage when such a prayer for summoning and production 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 be issued by Court and under a written order an officer in charge of police station 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.
