Listed here are Judgments in support of legal point
Decisions of Civil Courts are binding on the Criminal Courts
Tag: Legal Procedure Explained – Interpretation of Statutes
Rajesh Sharma and Ors Vs State of UP and Anr on 27 July, 2017
UPDATE 1:
SC Modifies The Earlier Directions Issued To Prevent Misuse Of 498A IPC, Says No To ‘Welfare Committees’
https://www.livelaw.in/breaking-sc-modifies-the-earlier-directions-issued-to-prevent-misuse-of-498a-ipc-says-no-to-welfare-committees/
UPDATE 2:
Few directions given in this judgment are held to be erroneous. Here is the new article.
https://www.livelaw.in/sec-498a-ipc-only-hc-can-quash-cases-on-settlement-a-third-agency-created-by-courts-cant-exercise-statutory-functionssc/
UPDATE 3:
In Shivangi Bansal Vs Sahib Bansal on 22 Jul 2025, Division Bench of Apex Court restored the Family Welfare Committees.
The detailed order is available here.
Guidelines issued by Hon’ble Supreme Court:
After considering the submissions of ASG A.S. Nadkarni, and Senior Advocate V. Giri, the Supreme Court has issued the following directions;
Part 1.
(a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority.
(b) The Committees may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing.
(c) The Committee members will not be called as witnesses.
(d) Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.
(e) Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.
(f) The committee may give its brief report about the factual aspects and its opinion in the matter.
(g) Till report of the committee is received, no arrest should normally be effected.
(h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit.
(i) Members of the committee may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.
(j) The Members of the committee may be given such honorarium as may be considered viable.
(k) It will be open to the District and Sessions Judge to utilize the cost fund wherever considered necessary and proper.
(c) The Committee members will not be called as witnesses.
(d) Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.
(e) Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.
(f) The committee may give its brief report about the factual aspects and its opinion in the matter.
(g) Till report of the committee is received, no arrest should normally be effected.
(h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit.
(i) Members of the committee may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.
(j) The Members of the committee may be given such honorarium as may be considered viable.
(k) It will be open to the District and Sessions Judge to utilize the cost fund wherever considered necessary and proper.
Part 2.
Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today. Such designated officer may be required to undergo training for such duration (not less than one week) as may be considered appropriate. The training may be completed within four months from today;
Part 3.
In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord;
Part 4.
If a bail application is filed with at least one clear day’s notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected. Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/ custody and interest of justice must be carefully weighed;
Part 5.
In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine;
Part 6.
It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted;
Part 7.
Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.
Part 8. These directions will not apply to the offences involving tangible physical injuries or death.
Read the complete judgment here.
Citations: [2017 SCC ONLINE SC 821], [2017 AIR SC 3869], [2017 AJR 4 408], [2017 ALLMR CRI 3526], [2017 ALLCC 100 927], [2017 ACR 2 2225], [2017 ALT CRL AP 2 393], [2017 ALD CRL SC 2 568], [2017 BOMCR CRI 3 677], [2017 CGLJ 3 573], [2017 CCR SC 3 211], [2017 CTC 4 667], [2017 DMCSC 2 747], [2017 GLH 2 818], [2017 GLR 3 2430], [2017 ILR KER 3 425], [2017 JLJR 3 180], [2017 JCC 3 1919], [2017 KHC 4 163], [2017 KLJ 3 861], [2017 MLJ CRL 3 602], [2017 PLJR 3 240], [2017 RLW SC 3 2266], [2017 RCR CRIMINAL 3 836], [2017 SCALE 8 313], [2017 SCJ 7 94], [2017 UC 3 1601], [2017 WLN SC 3 81], [2018 SCC 10 472], [2019 SCC CRI 1 3012017 SCR 9 529], [2017 GUJ LR 3 2430], [2017 GUJ LH 2 818], [2017 AIC 177 224], [2017 CRIMES 3 268], [2017 ECRN 3 381], [2018 CRI LJ 3593
Indiankanoon.org link: https://indiankanoon.org/doc/182220573/
News Article:
http://www.livelaw.in/breaking-misuse-of-s-498a-sc-directs-to-form-family-welfare-committees-to-examine-each-cases-no-arrests-before-committees-report-read-new-guidelines/
State of Karnataka Vs L. Muniswamy and Ors on 3 March, 1977
Landmark Judgment on application of the Inherent powers of High Court u/s 482 of Cr.P.C to Quash a proceeding as there is inadequate material to sustain the charge of prosecution.
There is no material on the record on which any tribunal could reasonably convict them for any offence connected with the assault on the complainant. This is one of these cases in which a charge of conspiracy is hit upon for the mere reason that evidence of direct involvement of the accused is lacking.
The saving of the High Court’s inherent powers, both in civil and criminal matters, is designed to achieve a Salutary public purpose which is that a Court proceedings ought not to be permitted to degenerate into a weapon of harassment or persecution. In a criminal case, the veiled object behind a lame prosecution, the very nature of the material on which the structure of the prosecution rests and the like would justify the High Court in quashing the proceeding in the interest of justice.
Citations: [AIR 1977 SC 1489], [1977 Cri LJ 1125 (SC)], [(1977) 2 SCC 699], [1977 KARLJ 2 483], [1977 SCC 2 699], [1977 SCR 3 113], [1977 CAR 143], [1977 CRLR 188], [1977 MLJ CRI 1 428], [1977 SCC CR 0 404], [1977 CRILR 0 188], [1977 AIR SC 1498], [1978 CLR 0 39], [1977 SCC CRI 0 404]
Other Source links:
https://indiankanoon.org/doc/548497/
https://www.casemine.com/judgement/in/5609abc9e4b014971140d547
State Of Bihar vs Ramesh Singh on 2 August, 1977
Here is the Judgment of Supreme Court clearly calling out the principle to be followed u/s 227 of Cr.P.C
“the test is whether there is a sufficient ground for proceeding and not, whether there is a sufficient ground for conviction”
Citations: [2
Other Source links:
Index of Discharge Judgments u/s 227 Cr.P.C. is here.
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
Parbatbhai Aahir and Ors Vs State Of Gujarat and Anr on 4 October, 2017
Read the broad principles High courts should consider for quashing of FIRs under Section 482 CrPC in this Judgment of Supreme Court.
IMPORTANT NOTE: If the FIR Quash is based on Jurisdiction ground, please note that there are Supreme Court and High Court judgments that mandate to transfer the FIR to the respective Police Station where there is jurisdiction for the case. Quash will not happen in such cases, under Jurisdiction ground alone. Find more grounds.
Broad Principles
(i) Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court;
(ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.
(iii) In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power;
(iv) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court;
(v) The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated;
(vi) In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences;
(vii) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned;
(viii) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;
(ix) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and
(x) There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.
Citations : [2017 SCC 9 641], [2017 SCC ONLINE SC 1189], [2017 AIR SC 4843], [2017 CTC 6 213], [2017 ALLMR CRI 4438], [2017 ACR 3 2714], [2017 BOMCR CRI 4 372], [2017 ILR KER 4 169], [2017 JLJR 4 191], [2017 KHC 5 192], [2017 PLJR 4 207], [2017 RCR CRIMINAL 4 523], [2017 SCALE 12 187], [2017 SCC ONLINE SC 1189], [2017 AIR SC 4843]
Other Sources :
https://indiankanoon.org/doc/7293093/
https://www.casemine.com/judgement/in/59d91ddece686e237b6a8717
https://www.indianemployees.com/judgments/details/parbatbhai-aahir-parbatbhai-bhimsinhbhai-karmur-and-ors-vs-state-of-gujarat-and-anr
Rajinder Singh Vs State of Punjab on 26 February 2015
Here is the Landmark Supreme Court judgment giving our clear definition of Dowry as ascribed in Dowry Prohibition Act. Read paras 7 and 8 which are the operative parts.
8. A perusal of this Section shows that this definition can be broken into six distinct parts.
1) Dowry must first consist of any property or valuable security – the word “any” is a word of width and would, therefore, include within it property and valuable security of any kind whatsoever.
2) Such property or security can be given or even agreed to be given. The actual giving of such property or security is, therefore, not necessary.
3) Such property or security can be given or agreed to be given either directly or indirectly.
4) Such giving or agreeing to give can again be not only by one party to a marriage to the other but also by the parents of either party or by any other person to either party to the marriage or to any other person. It will be noticed that this clause again widens the reach of the Act insofar as those guilty of committing the offence of giving or receiving dowry is concerned.
5) Such giving or agreeing to give can be at any time. It can be at, before, or at any time after the marriage. Thus, it can be many years after a marriage is solemnized.
6) Such giving or receiving must be in connection with the marriage of the parties. Obviously, the expression “in connection with” would in the context of the social evil sought to be tackled by the Dowry Prohibition Act mean “in relation with” or “relating to”.
Citations: [2015 SCJ 2 686], [2016 NCC 1 626], [2015 ALLCC 89 352], [2015 SCR 2 835], [2015 AIC 148 33], [2015 SCC 6 477], [2015 AIR SC 1359], [2015 AD SC 3 553], [2015 CRIMES SC 2 90], [2015 SCC ONLINE SC 171], [2015 ALD CRL SC 2 32], [2015 JCC 2 1293], [2015 ACR SC 2 1301], [2015 CCR SC 1 477], [2015 CRILJ 1934], [2015 RCR CRIMINAL 2 129], [2015 UC 1 744], [2015 RLW SC 3 2359]
Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/38957892/ or https://www.casemine.com/judgement/in/5790b23ee561097e45a4e216
State of Haryana Vs Ch Bhajan Lal on 21 Nov 1990
Here is the Landmark Supreme Court Judgement that can be cited and relied on in Discharge or Quash petitions under Article 226 of Constitution of India or Sections 154, 155, 156, 157, 159 of Cr.P.C or Section 482 – Exercise of Inherent powers of courts.
Indicative categories:
- No Prima Facie Case: Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
- Absence of Cognizable Offence: Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers Under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
- Commission of Crime not disclosed: Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
- Investigation begun without the order of Magistrate in Non-cognizable offence: Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated Under Section 155(2) of the Code.
- Lack of Evidence: Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
- Legally Barred: Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
- Vexatious Proceeding: Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the Accused and with a view to spite him due to private and personal grudge.
Other Sources : https://indiankanoon.org/doc/1033637/ or https://www.casemine.com/judgement/in/5609ac4ee4b014971140e92a
Citations: [1990 SCALE 2 1066], [1992 AIR SC 604], [1992 SCC CRI 1 426], [1990 SCR SUPP 3 259], [1992 CRLJ SC 527], [1992 SUPP SCC 1 335], [1990 JT SC 4 650]
Index of landmark quash judgements is here.
Grounds for Discharge or Quash Petition
Hon’ble Apex Court in landmark judgment ‘R.P. Kapur Vs State of Punjab 25 March, 1960’ here has held the following to be the categories could and should be exercised to quash proceedings:
(i) where there was a legal bar against the institution or continuance of the proceedings;
(ii) where the allegations in the first information report or complaint did not make out the offence alleged; and
(iii)where either there was no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge.
