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True Colors of a Vile Wife

Tag: No Material To Sustain Charge

Rekha Jain vs The State on 12 September, 2017

Posted on April 28, 2018 by ShadesOfKnife

This is a good judgment from Justice Sh. Ashutosh Kumar at Delhi District Court at Rohini Court, Delhi. Many law points are elucidated with support from various orders from Hon’ble Supreme Court and other Courts.

Intro

Knife filed three complaints to Police,

  1. first one with general allegations pertaining to the entire duration of her stay at in-laws home
  2. another complaint to ACP, again, with general allegations pertaining to the entire duration of her stay at in-laws home, which she claims was withdrawn under pressure from in-laws
  3. another complaint to ACP, after a gap of 7 months, seeking reopening of the complaint #2, this time with improved allegations such as dowry demand and taking away of entire jewelry and few financial allegations such as NOT helping her to recharge her phone, NOT payment of fee of her M.Sc. II year

Proceedings

Interestingly, advocate for the husband and his family relied on a catena of 33 judgments.

Advocate for Knife tried to argue that revision petition is not maintainable as per section 397 Cr.P.C since the order framing of charge is an interlocutory order, which was binned by the Hon’ble Judge by saying ‘from law laid down in catena of subsequent judgments which are still valid, it has been well settled that the order framing of charge is not an interlocutory order and hence revision petition against the same would be maintainable.‘

Since the order framing of charge substantially affects the rights of accused and in case the plea of the accused is accepted in revision against order of framing of charge, it would finally culminate the proceedings, thus the order of framing of charge cannot be said to be interlocutory.

 

In Para 12,

the Judge observed, it is clear that there is no specific allegation of the harassment or beating of the complainant relating to cruelty towards her as defined in section 498A IPC i.e. for fulfillment of dowry demand or to force the complainant to commit suicide.

 

In Para 14,

it was held, it is clear that the said complaint was pertaining to all incidents of harassment and cruelty towards the complainant which occurred during her stay at matrimonial home and NOT with respect to incident dated 30.07.2013 only, when she was turned out of matrimonial home. Nowhere in the said complaint dated 04.08.2013, the complainant had stated that other  incidents of cruelty towards her by in-laws, shall be disclosed subsequently.

… no cruelty relating to dowry demand as envisaged u/s 498A IPC or which may have forced the complainant to commit suicide, is
prima facie made out. Thus from the initial two complaints dated 04.08.2013 and 05.08.2013 of the complainant, no offence u/s 498A, 406 IPC or 506 IPC is made out.

… it was held that first version as disclosed in the complaint is always important for adjudicating as to whether the accused has committed or not committed an offence and if the complaint lacks essential ingredients, lacuna or deficiency, same cannot be filled by obtaining additional complaint or supplementary statement and effort on the part of police to supply deficiency and cover up a lacuna of complaint was totally unwarranted and an abuse of process of law.

 

In Para 15,

Even as per complainant, she was the only one who was the eye witness to her alleged harassment and beating etc. Statements u/s 161 Cr.P.C of other two material witnesses namely Sub. Maj. Hari Chand (father) and Darshana Devi (mother) of the complainant regarding alleged incidents, are hearsay and will not be admissible in evidence.

It is pertinent to mention that revisionist Neetu Jain [in CR No.53/16 (New No.49934/16)], has not been even named in any of the initial two complaints. There is no allegation against Neetu Jain for causing simple hurt to complainant in any of the two initial complaints. There is no MLC of the complainant on record regarding any of her alleged beatings or torture.

Nowhere in the initial two complaints, the complainant has alleged that the revisionist/husband Shasak Jain had extended any threat to kill her, as a result of which any alarm was caused to her. Thus no offence u/s 506 IPC is made out against the revisionist Shasak
Jain.

In none of the initial two complaints the complainant had alleged that she had entrusted her istridhan articles including gold jewellery to revisionist Rekha Jain and Neetu Jain. Rather in the third complaint only she has stated so and in the last she has stated that the said jewellery is with her motherinlaw now. As already discussed above, third complaint in this regard cannot be looked into as the same appears to be improvement.

However from the allegations in the first complaint, prima facie offence u/s 323/34 IPC is made out against the revisionists Shasak Jain and Rekha Jain, since no MLC is required for proving the offence u/s 323 IPC.

 

[pdf-embedder url=”http://www.shadesofknife.in/wp-content/uploads/2018/04/Smt.-Rekha-Jain-vs-The-State-on-12-September-2017.pdf” title=”Smt. Rekha Jain vs The State on 12 September, 2017″]

 

Read the other Judgments cited in this order here.


[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations IPC 406 - Not Made Out IPC 498a - Not Made Out IPC 506 - Not Made Out No Material To Sustain Charge Rekha Jain vs The State | Leave a comment

State of Karnataka Vs L. Muniswamy and Ors on 3 March, 1977

Posted on April 8, 2018 by ShadesOfKnife

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.

 

State Of Karnataka vs L. Muniswamy & Ors on 3 March, 1977

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

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 482 - Saving of inherent powers of High Court Landmark Case Legal Procedure Explained - Interpretation of Statutes No Material To Sustain Charge Quash State of Karnataka Vs L. Muniswamy and Ors | Leave a comment

Supreme Court and High Court Judgments to cite in Discharge (u/s 227 or 239) or Quash petition (u/s 482)

Posted on April 6, 2018 by ShadesOfKnife

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 Maharastra and Anr on 17 Dec 2008‘.

Note3: If you want to read this thread from beginning, go here.

No Jurisdiction Judgments

  1. Satvinder Kaur vs State (Govt. Of N.C.T. Of Delhi) on 5 October, 1999 (1999) 8 SCC 728
  2. Y. Abraham Ajith & Ors Vs Inspector Of Police, Chennai & Anr on 17 August, 2004
  3. Manish Ratan And Others Vs State Of M.P And Another on 01 Nov 2006
  4. Sonu and others Vs Govt. of NCT of Delhi and another on 10 October, 2007
  5. Bhura Ram And Ors vs State Of Rajasthan & Anr on 2 April, 2008
  6. Geeta Mehrotra & Anr vs State Of U.P. & Anr on 17 October, 2012 (Includes delay in complaint, vague allegations)
  7. Sivangala Thandi Deepak & Others Vs The State of A.P. on 11 July 2014
  8. Amarendu Jyoti And Others vs. State Of Chhattisgarh And Others on 4 Aug, 2014
  9. Sudhir Mansinghka Vs State (Govt Of Nct Of Delhi) & Anr on 4 August, 2015
  10. Amit Kumar Yadav And Others vs State Of Telangana on 11 September, 2015 (AP High Court judgment; Includes delay in complaint, perjury)
  11. G.Ramamoorthy Vs The State Of Karnataka on 31 July, 2017
  12. Manoj Vishwakarma & Ors vs The State Of Bihar & Anr on 12 September, 2017
  13. Vishnu Mohan Jha & Ors vs The State Of Bihar & Anr on 21 November, 2017
  14. Yadwinder Singh & Others vs State Of H.P. & Others on 10 August, 2018
  15. 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 Allegations

  1. MS Pepsi Foods Ltd and Anr Vs Spl JM and Ors on 4 November, 1997 (Complaint Case)
  2. Ashok Chaturvedi and Ors Vs Shitul H Chanchani and Anr on 13 August, 1998 (Complaint Case)
  3. 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)
  4. Neelu Chopra and Anr Vs Bharti on 7 October, 2009
  5. Preeti Gupta & Anr vs State Of Jharkhand & Anr on 13 August, 2010
  6. Gian Singh Vs State Of Punjab & Anr on 24 September, 2012 (Scenarios when a criminal proceeding can be quashed)
  7. Buravilli Siva Madhuri Vs. Sri Buravilli Satya Venkata Lakshmana Rao and others on 25 September, 2012
  8. Dipakbhai Ratilal Patel Vs State Of Gujarat on 26 September, 2014
  9. Sandeep Singh Bais Vs The State Of Madhya Pradesh on 9 March, 2017
  10. Nafisa Anjum Vs State of Chhattisgarh on 26 Sep 2018 [Chattisgarh HC: DV on relatives quashed who do not have shared household]
  11. Korimerla Videesha Vs State of A.P. and Anr on 12 October, 2018 (AP High Court)
  12. Anil Kumar and 2 Ors Vs State of A.P. Anr on 03 Apr 2019 (Telangana High Court: No evidence of Dowry Transaction)
  13. Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (Conviction of 498A IPC set aside due to settlement; Cites BS Joshi caselaw)
  14. Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022 (498A IPC quashed due to General and Omnibus allegations)

 

Allegations do not attract provisions of Sections in FIR

  1. R.P. Kapur Vs State of Punjab 25 March, 1960
  2. Dr.N.G.Dastane Vs. Mrs.S.Dastane on 19 March, 1975
  3. State of Karnataka Vs. L. Muniswamy AIR 1977 SC 1489 [Inadequate material to sustain the charge of prosecution]
  4. Smt. Sarla Prabhakar Waghmare v State of Maharashtra & Ors 1990 (2) RCR 18
  5. State Of Haryana Vs Ch Bhajan Lal on 21 November, 1990 [A set of subsequent case laws arose from this landmark judgment]
  6. Richhpal Kaur v. State of Haryana and Anr. 1991 (2)
  7. V. Bhagat vs D. Bhagat on 19 November, 1993 AIR 1994 SC 710
  8. State of H.P.V Nikku Ram & Ors 1995 (6) SCC 219
  9. Satish Mehra Vs Delhi Administration and Anr on 31 July 1996
  10. Shobha Rani v Madhukar Reddy AIR 1998 SC 121
  11. Mohd. Hoshan v. State of A.P.; (2002) 7 SCC 414
  12. Girdhar Shankar Tawade v. State of Maharashtra, AIR 2002 SC 2078
  13. Savitri Devi Vs Ramesh Chand And Ors. on 19 May, 2003 (Delhi High Court)
  14. Manju Ram Kalita vs State Of Assam on 29 May, 2009 (Conviction under IPC 498A set aside)
  15. Sundar Babu & Ors Vs State Of Tamil Nadu on 19 February, 2009
  16. U.Suvetha Vs State By Insp.Of Police & Anr on 6 May, 2009 (Concubine is not a relative of husband)
  17. Shakson Belthissor Vs State Of Kerala & Anr on 6 July, 2009 [Allegations do not attract 498A IPC ingredients]
  18. Vijeta Gajra Vs State Of Nct Of Delhi on 7 July, 2010
  19. Preeti Gupta & Anr vs State Of Jharkhand & Anr on 13 August, 2010
  20. Sunita Jha Vs State Of Jharkhand & Anr on 13 September, 2010
  21. S Praveen Vs State Of Karnataka on 25 June, 2012
  22. Asha Devi & Ors. Vs The State Of Bihar & Anr. on 24 July, 2012
  23. Banti And Others vs State Of U.P. And Another on 31 August, 2012
  24. Movva Raja Ram Vs State Of A.P. on 18 June, 2013
  25. State Of Punjab Vs Gurmit Singh on 2 July, 2014
  26. 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)
  27. Deepika Tiwary Vs State Of Jharkhand on 6 January, 2015
  28. Gayathri Kunjithaya Vs State Of Kerala On 19 January 2015
  29. Rajinder Singh Vs State of Punjab on 26 February 2015 [Overruled Appasaheb and Vipin Jaiswal]
  30. Dr. Rajneesh Satyadev Rajpurohit Vs Magistrate No.3 on 16 April, 2015
  31. Shaik Riayazun Bee Vs The State Of A.P. on 1 June, 2016
  32. Varala Bharath Kumar Vs The State Of Telangana on 5 September, 2017 [Allegations do not attract 498A and 406 IPC ingredients]
  33. Subramani Vs The Sub-Inspector Of Police on 31 October, 2017 (Marriage should be there, to apply IPC 498A)
  34. K R Nandakumar Vs State Of Karnataka on 16 March, 2018
  35. K. Subba Rao Vs The State Of Telangana on 21 August, 2018
  36. 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]

 

Maliciously Instituted/ Counterblast cases/ Delay Not explained Cases

  1. State of Karnataka Vs M. Devendrappa and Anr on 16 Jan 2002 [Category 7 of Bhajan lal; Counterblast case]
  2. Sanapareddy Maheedhar and Anr Vs State of Andhra Pradesh and Anr on 13 December 2007 [Time-barred u/s 468]
  3. Priya Vrat Singh & Ors Vs Shyam Ji Sahai on 5 August, 2008
  4. State Of A.P Vs M. Madhusudhan Rao on 24 October, 2008
  5. MS Eicher Tractors Ltd and Ors Vs Harihar Singh and Anr on 7 Nov 2008 [Category 7 of Bhajan lal; Counterblast case]
  6. Sundar Babu & Ors Vs State Of Tamil Nadu on 19 February, 2009
  7. 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]
  8. Rajiv Thapar and Ors Vs Madan Lal Kapoor on 23 January, 2013 [SC: guidelines to/not to quash/discharge]
  9. Vineet Kumar And Ors Vs State Of UP & Anr on 31 March, 2017
  10. State vs Mumtaz Ali & Anr on 8 August, 2017
  11. Chandresh Shrivastava Vs The State Of Madhya Pradesh on 22 February, 2018
  12. Abhishek Singh Vs State of M.P. on 26 Dec 2022 [MPHC: 498A IPC covers invalid marriages also]

 

Material evidence required that supports allegations

  1. R.P. Kapur Vs State of Punjab 25 March, 1960
  2. Hira Lal & Ors. v. State (Govt. of NCT), Delhi, AIR 2003 SC 2865
  3. Kaliyaperumal & Anr. v. State of Tamil Nadu, AIR 2003 SC 3828
  4. CBI Vs Mukesh Pravinchandra Shroff and Ors on 25 November 2005
  5. 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]
  6. 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
  7. M. Srinivasulu v. State of A.P., AIR 2007 SC 3146
  8. Appasaheb & Anr. v. State of Maharashtra, AIR 2007 SC 763 [Overruled in Rajinder Singh here]
  9. Shivanand Mallappa Koti v. State of Karnataka, AIR 2007 SC 2314
  10. Sukhram v. State of Maharashtra, AIR 2007 SC 3050
  11. 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]
  12. Surinder Singh Vs State of Haryana on 13 November 2013 [Part-paid dowry is in Connection with Marriage]
  13. 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

  1. All Perjury judgments can be gainfully utilized. They are here.

 

Discharge Judgments u/s 227 Cr.P.C.

  1. All discharge judgments u/s 227 CrPC can be found here.

 

Discharge Judgments u/s 239 Cr.P.C.

  1. All discharge judgments u/s 239 CrPC can be found here.

 

 


MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to Counterblast case CrPC 227 - Discharged CrPC 239 - Discharged CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court CrPC 482 – Criminal Proceeding Quashed IPC 494 - Not Made Out Against Woman IPC 498a - Not Made Out Is Not Relative Of Husband Limitation Act 1963 Sec 5 - Extension of prescribed period in certain cases Mala Fide Untenable Maliciously Instituted Case Solely Intended to Harass No Material To Sustain Charge No Territorial Jurisdiction Sandeep Pamarati | Leave a comment

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