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True Colors of a Vile Wife

Tag: Kahkashan Kausar @ Sonam Vs State of Bihar

CB Prakash and Anr Vs State of Karnataka and Anr on 04 Jun 2024

Posted on July 1, 2024 by ShadesOfKnife

A single judge of Karnataka High Court held as follows, while quashing false FIR against In-Laws,

From Para 10,

10. There are scores and scores of cases where allegations are made that have pointed overt acts by every member of the family which are sustained and further trial is permitted. There are even scores and scores of cases where every member of the family without rhyme or reason is dragged into the web of crime by frivolous complaints registered by the complainant/wife while the entire grievance is against the husband and every imaginary member of the family is dragged in. It is these cases which are to be nipped in the bud. Bud, I mean, at the stage of registration of the crime, failing which, it would run foul of the judgment of the Apex Court in the case of KAHKASHAN KAUSAR v. STATE OF BIHAR1

CB Prakash and Anr Vs State of Karnataka and Anr on 04 Jun 2024

Index of Quash judgments is here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations CB Prakash and Anr Vs State of Karnataka and Anr Discourage Roping In All Relatives Of In-Laws Or Distant Relatives IPC 498a - Not Made Out Against Parents or Relatives Kahkashan Kausar @ Sonam Vs State of Bihar Legal Terrorism | Leave a comment

Rajesh Aggarwal and Anr Vs State of NCT Delhi and Anr on 12 Mar 2024

Posted on March 20, 2024 by ShadesOfKnife

A single judge of Delhi High Court held as follows,

From Paras 11 and 12,

11. He further submits that cognizance of the charge-sheet filed by the police was taken by the learned Metropolitan Magistrate only against accused no.1, that is, Mr. Yogesh Gupta, and summons were issued to him alone vide order dated 22.12.2020. Later, by an order dated 06.07.2022, summons were issued also against other accused, including the petitioners herein. He submits that this is a procedure unknown to law.

12. He further submits that charges inter alia against the petitioners have been framed on 24.01.2023 in absence of the petitioners inasmuch as the petitioners, due to an inadvertent error, had noted the next date of hearing as 24.02.2023, which is also reflected on the official website of the Courts, and had not appeared on 24.01.2023.

From Paras 17 and 18,

17. In Kahkashan Kausar @ Sonam & Ors.,(Supra), the Supreme Court highlighted the concern over the misuse of Section 498A of the IPC and in the increasing tendency of the complainant to implicate the relatives of the husband in matrimonial disputes.

18. The Supreme Court also placed reliance on the precedents on this issue in Rajesh Sharma & Ors. v. State of U.P. & Anr., (2018) 10 SCC 472; Arnesh Kumar v. State of Bihar & Anr., (2014) 8 SCC 273; Preeti Gupta & Anr. v. State of Jharkhand & Anr., (2010) 7 SCC 667; Geeta Mehrotra & Anr v. State of Uttar Pradesh & Anr., (2012) 10 SCC 741, and K. Subba Rao v. State of Telangana, (2018) 14 SCC 452 and held that in the absence of any specific and distinct allegations being made against the family members of the husband and where there are only general and omnibus allegations, the FIR registered against such family members is liable to be quashed. It was further held that, in fact, in such cases if the family members are forced to go through the tribulations of trial, it would inflict severe scars upon them and such exercise must be discouraged.

From Para 22, (hehehehe)

21. As clever case of drafting, specific allegations have been made dating back to around 1994-95 against Mr.Vimal Aggarwal, the other maternal uncle of the husband of the respondent no.2 and his wife Ms.Anu Aggarwal. Specific allegations against the petitioners dating back to 18.07.2007 have been made. As noted hereinabove, the complaint has been filed almost 10 years thereafter.

From Para 23,

23. In Mahmood Ali and Others (Supra), the Supreme Court emphasised that 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 and, 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, try to read in between the lines.

From Para 24,

24. Where the wife is set to implicate the entire family of the husband in a criminal case, it is to be expected that through her lawyer she would get a complaint properly drafted making some specific allegations against each of the family members. If only on such averment, the family members are to face agony of the trial, it would defeat the ends of the justice. In my opinion, therefore, the Court must scrutinise the complaint/FIR to determine whether the allegations are a case of clever drafting or have at least some element of truth in the same. Though the Court is not expected to conduct a mini trial, the Court also cannot be a mere spectator and refuse to exercise the power that is vested in it under Section 482 of the Cr.P.C., where it finds that the continuation of such proceedings would defeat the ends of the justice and would amount to insurmountable harassment, agony and pain to the accused and be an abuse of the criminal process.

Rajesh Aggarwal and Anr Vs State of NCT Delhi and Anr on 12 Mar 2024

Index of Quash judgments is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abuse Or Misuse of Process of Court CrPC 482 - Saving of inherent powers of High Court Kahkashan Kausar @ Sonam Vs State of Bihar Legal Terrorism Misuse of IPC 498A Misuse of Women-Centric Laws Rajesh Aggarwal and Anr Vs State of NCT Delhi and Anr | Leave a comment

Mukesh Bansal Vs State of UP and Anr on 13 Jun 2022

Posted on June 16, 2022 by ShadesOfKnife

A judge from Allahabad High Court used choicest words in this judgment.

From Para 8,

[8] The story narrated in the FIR is not only abhorring, full of dirt, filth and venomous accusations where the informant fiercely abused her own husband and in-laws by using all the ways and means in the tone, tenor and texture in the extreme manner. The graphic and vivid descriptions of the incident without any shame or hitch of any sort which, speaks out volume of mental condition and amount of venom and poison in the mind of the informant. She without mincing any word, rather exaggerating the incident to manifolds, had vomitted the snide before the Court. Interestingly, general and sweeping allegations have been fastened against all the family members for committing sodomy, attempt to rape and illegal abortion etc. upon all the family members with special focus upon her husband, Sahib Bansal.

From Para 12,

[12] The police, after probing the matter in depth, has submitted the charge sheet dropping all the offences, wherein the informant had made wild
accusations in the FIR against her husband and his family members. The aforesaid charge sheet has been filed only under sections 498A, 323, 504, 506, 307 IPC and 3 and 4 of D.P. Act. Thus, it is explicitly clear that the FIR is nothing but a virtual canard and full of venom where the informant unmindful of the fact to its far-reaching repercussions, pasted all the filth upon revisionist in wild manner but was unable to produce any documentary evidence/proof to substantiate the levelled allegations and thus, all the sections of unnatural/oral sex, forcible abortion have gone to haywire resultantly dropped from charge sheet. Not only this, names of Chirag Bansal and Ms. Shipra Jain finds no place in the charge sheet, so filed by the police.

From Para 30,

[30] Yet coming to another aspect of the issue which is disturbing and mind-boggling to the Court. After reading the FIR allegedly lodged by Ms.
Shivangi Bansal after 18 days of the incident, which is ever-abhorring, full of dirt and filth. The graphical description portrayed by her in her FIR is deplorable to be condemned in its strongest terms. The FIR is the place where the informant gives the story mobilizing the State Machinery engaging in the commission of cognizable offence. It is not soft porn literature where the graphical description should be made. Hon’ble the Apex Court in its judgment in the case of Priti Gupta Vs State of Jharkhand, 2010(71) SCC 667 has fastened the liability upon the counsels;

From Para 31,

[31] Therefore, the Court is of the opinion that while deciding the present issue, the Court should not take into these graphical description of the accusation made by the complainant and simply over-look these graphic and distressful allegations made by a lady who after receiving legal advice, pasted those dirt and filth upon her husband and other family members. The interesting feature is that she has been unable to substantiate those allegations even at the time of investigation and these allegations were found false and the sections related to it were dropped.
The Court records its strongest exception to such type of language used by the informant. The language of the FIR should be decent one and no amount of atrocitiesfaced by the informant, would justify her to use such type of castic expressions. FIR/complaint is the gateway of any criminal case even soft and decent expressionwould well communicate the alleged atrocities faced by her.

Guidelines issued from para 35,

[35] Thus, It is directed that :-
(i) No arrest or police action to nab the named accused persons shall be made after lodging of the FIR or complaints without concluding the “Cooling-Period” which is two months from the lodging of the FIR or the complaint. During this “Cooling-Period”, the matter would be immediately referred to Family Welfare Committe (hereinafter referred to as FWC) in the each district.
(ii) Only those cases which would be transmitted to FWC in which Section 498-A IPC along with, no injury 307 and other sections of the IPC in which the imprisonment is less than 10 years.
(iii) After lodging of the complaint or the FIR, no action should take place without concluding the “Cooling-Period” of two months. During this “Cooling-Period”, the matter may be referred to Family Welfare Committee in each districts.
(iv) Every district shall have at least one or more FWC (depending upon the geographical size and population of that district constituted under the District Legal Aid Services Authority) comprising of at least THREE MEMBERS. Its constitution and function shall be reviewed periodically by the District & Sessions Judge/Principal Judge, Family Court of that District, who shall be the Chairperson or Co-chairperson of that district at Legal Service Authority.
(v) The said FWC shall comprise of the following members :-
(a) a young mediator from the Mediation Centre of the district or young advocate having the practices up to five years or senior most student of Vth year, Government Law College or the State University or N.L.Us. having good academic track record and who is public spirited young man, OR;
(b) well acclaimed and recognized social worker of that district having clean antecedant, OR;
(c) retired judicial officers residing in or nearby district, who can devote time for the object of the proceeding OR;
(d) educated wives of senior judicial or administrative officers of the district.
(vi) The member of the FWC shall never be called as a witness.
(vii) Every complaint or application under Section 498A IPC and other allied sections mentioned above, be immediately referred to Family Welfare Committee by the concerned Magistrate. After receiving the said complaint or FIR, the Committee shall summon the contesting parties along with their four senior elderly persons to have personal interaction and would try to settle down the issue/misgivings between them within a period of two months from its lodging.
The contesting parties are obliged to appear before the Committee with their four elderly persons (maximum) to have a serious deliberation between them with the aid of members of the Committee.
(viii) The Committee after having proper deliberations, would prepare a vivid report and would refer to the concerned Magistrate/police authorties to whom such complaints are being lodged after expiry of two months by inserting all factual aspects and their opinion in the matter.
(ix) Continue deliberation before the Committee, the police officers shall themselves to avoid any arrest or any coercive action pursuant to the applications or complaint against the named accused persons. However, the Investigating Officer shall continue to have a peripheral investigation into
the matter namely preparing a medical report, injury report, the statements of witnesses.
(x) The said report given by the Committee shall be under the consideration of I.O. or the Magistrate on its own merit and thereafter suitable action should be taken by them as per the provision of Code of Criminal Procedure after expiry of the “Cooling-Period” of two months.
(xi) Legal Services Aid Committee shall impart such basic training as may be considered necessary to the members of Family Welfare Committee from time to time(not more than one week).
(xii) Since, this is noble work to cure abrasions in the society where tempos of the contesting parties are very high that they would melow down the heat between them and try to resolve the misgivings and misunderstanding between them. Since, this is a job for public at large, social work, they are acting on a pro bono basis or basic minimum honrarium as fixed by the District & Sessions Judge of every district.
(xiii) The investigation of such FIRs or complaint containing Section 498A IPC and other allied sections as mentioned above, shall be investigated by dynamic Investigating Officers whose integrity is certified after specialized training not less than one week to handle and investigate such matrimonal cases with utmost sincerity and transparancy.
(xiv) When settlement is reached between the parties, it would be open for the District & Sessions Judge and other senior judicial officers nominated by him in the district to dispose of the proceedings including closing of the criminal case.
At the cost of repetition, it is made clear that after lodging of the F.I.R. or the complaint case without exhausting the “Cooling-Period” of two months, no arrest or any coercive action shall be taken against the husband or his family members in order to derail the proceedings before the Family Welfare Committee.

Mukesh Bansal Vs State of UP and Anr on 13 Jun 2022
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Catena of Landmark Judgments Referred/Cited to CrPC 161 - Examination of Witnesses By Police CrPC 164 - Recording of Confessions and Statements CrPC 227 - Discharge Rejected Dilawar Balu Kurane Vs State Of Maharashtra Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Issued or Recommended Guidelines or Directions or Protocols to be followed K. Subba Rao Vs The State Of Telangana Kahkashan Kausar @ Sonam Vs State of Bihar Misuse of IPC 498A Misuse of Women-Centric Laws Mukesh Bansal Vs State of UP and Anr Preeti Gupta and Anr Vs State Of Jharkhand and Anr Reportable Judgement or Order Sajjan Kumar Vs C.B.I State of Karnataka Vs L. Muniswamy and Ors Union Of India Vs Prafulla Kumar Samal and Anr | Leave a comment

Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022

Posted on February 18, 2022 by ShadesOfKnife

Apex Court quashed the FIR against relatives, which was riddled with vague allegations.

From Para 12,

12. Before we delve into greater detail on the nature and content of allegations made, it becomes pertinent to mention that incorporation of section 498A of IPC was aimed at preventing cruelty committed upon a woman by her husband and her in-laws, by facilitating rapid state intervention. However, it is equally true, that in recent times, matrimoniallitigation in the country has also increased significantly and there is a greater disaffection and friction surrounding the institution of marriage,now, more than ever. This has resulted in an increased tendency to employ provisions such as 498A IPC as instruments to settle personalscores against the husband and his relatives.

From Para 18,

18. The above-mentioned decisions clearly demonstrate that this court has at numerous instances expressed concern over the misuse of section 498A IPC and the increased tendency of implicating relatives of thehusband in matrimonial disputes, without analysing the long term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, ifleft unchecked would result in misuse of the process of law. Therefore, this court by way of its judgments has warned the courts from proceedingagainst the relatives and in-laws of the husband when no prima facie case is made out against them.

From Para 21 and 22,

21. Here it must be borne in mind that although the two FIRs may constitute two independent instances, based on separate transactions, the present complaint fails to establish specific allegations against the in-laws of the Respondent wife. Allowing prosecution in the absence of clear allegations against the in-laws Appellants would simply result in an abuse of the process of law.
22. Therefore, upon consideration of the relevant circumstances and in the absence of any specific role attributed to the accused appellants, it would be unjust if the Appellants are forced to go through the tribulations of a trial, i.e., general and omnibus allegations cannot manifest in a situation where the relatives of the complainant’s husband are forced to undergo trial. It has been highlighted by this court in varied instances, that a criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused, and such an exercise must therefore be discouraged.

Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022

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Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 482 – FIR Quashed Kahkashan Kausar @ Sonam Vs State of Bihar Legal Terrorism Reportable Judgement or Order | Leave a comment

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