The Supreme Court Proceedings are here.
Tag: Non-Reportable Judgement or Order
Sarva Mangala Vs Station House Officer on 4 Jan 2018
Karnataka High Court has set aside the dismissal of the discharge petition u/s 227 CrPC against the Petitioners, up on whom vague allegations were made which did not attract the offences alleged in Charge sheet.
From Para 7,
7. I have meticulously gone through the statement of C.W.1-Vedha, because, she has categorically stated about the accident taken place on 25.07.2015 and she actually saw on that day accused Nos.1 and 2 came in a tipper lorry and dashed the Nano car, wherein C.W.1 and her child and parents were there. Due to the said impact, her father and mother died on the spot. C.W.1 and her child sustained injuries. She has also categorically stated that when she questioned her husband as to why he has given complaint as if it is an accident, then, he threatened her with dire consequence of killing her and the child. But, there is no allegation against these petitioners explaining as to how the incident has happened right from the beginning. Except stating that when accused Nos.3 and 4 though informed about the birth of female child, they did not come and see the child because, it is a female child. She has only stated that there was a small quarrel taking place in the family and sometimes, accused Nos.3 and 4 were also telling her to listen to their words, C.W.1 taken advantage of these small incidents in the family to make allegations. Even it has not been stated as to in what manner those small incidents, projected to mentally and physically harass her. Except making a bald and trivial allegation that they were also ill-treating and harassing her, nothing has been given in the statement except stating that they were quarrelling for trivial issues. Therefore, on these factual aspects, she omnibusly states that accused Nos.3 and 4 were also ill-treating and harassing her.
And from Para 9,
9. Framing of charges against the accused persons depends upon the facts and circumstances of each case. One case cannot be compared with another at all. The nature of the allegations made, strength of those allegations and surrounding circumstances have to be looked into by the Court in each case. In this particular case, till the point of time the incident took place, it appears that no allegations have been made against accused Nos.3 and 4. Though there are certain allegations against accused No.1 i.e., the husband of C.W.1, there is no serious allegations against accused Nos.3 and 4. In the above facts and circumstances, particularly, looking to the facts of this case, I am of the opinion that the trial Court has committed a serious error in ordering to frame charges against these petitioners for the offence under Sections 302 and 201 of IPC. It is apparently materials are lacking against these petitioners. Further, I am of the opinion that the allegations made are omnibus in nature and they are not sufficient to frame charges against accused Nos.3 and 4 even for the offence under Section 498-A of I.P.C. Therefore, I am of the opinion that the petitioners i.e., accused Nos.3 and 4 are entitled to be discharged.
Citations :
Other Sources :
https://indiankanoon.org/doc/121615977/
https://www.casemine.com/judgement/in/5a621de44653d00b3602ce39
Nafisa Anjum Vs State of Chhattisgarh on 26 Sep 2018
Relatives not living in a shared household were implicated in a false DV case, so High Court of Chhattisgarh quashed the DV proceedings against the petitioners.
Citations :
Other Sources :
https://indiankanoon.org/doc/100106255/
https://www.lawyerservices.in/Nafisa-Anjum-Versus-State-of-Chhattisgarh-Through-Officer-In-Charge-Police-Station-2018-09-26
http://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=028102399000
M. Radha Hari Seshu Vs State of Telangana on 14 Aug 2020
This is a 498A/304B IPC Case. Parents of husband were discharged on application. Husband was denied suspension of Sentence while the Appeal at High Court was pending disposal. Supreme Court granted Bail to Husband.
The impugned judgment from Telangana High Court is below
Here is the Sessions Court Judgment
Palanisamy and Ors Vs K Dhanpalan on 21 March 2017
Supreme Court held that without giving fair opportunity to the appellant, Disciplinary Committee could not have arrived at the conclusion of guilty.
Citations: [(2017) 4 SCC 713]
Other Source links: https://indiankanoon.org/doc/190018442/ or https://www.scconline.com/blog/post/2017/06/01/2017-scc-vol-4-may-21-2017-part-4/
Disclaimer:
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I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.
Swapnanjali Sandeep Patil Vs Sandeep Ananda Patil on 06 March 2019
The husband did a ‘Marriage deed’ (whatever that means) separation with his first wife and married the second woman.
13.1 At the outset it is required to be noted that the appellant filed the marriage petition for a declaration to declare her marriage with the respondent as null and void on the ground that, at the time of their marriage, the first marriage of the respondent with his first wife was subsisting; that the respondent committed a fraud and suppressed the material fact of his first marriage, and in fact, in the registration form he stated himself to be a bachelor.
Citations: [(2019) SCC Online SC 329]
Other Source links: https://indiankanoon.org/doc/163532688/ or https://www.casemine.com/judgement/in/5c8148999eff4345648def96
Chandralekha Vs State Of Rajasthan & Anr on 14 December, 2012
This judgment should have been a reported one for it covers soo many good points to dustbin the complaint of the knife against the family members. Read the tags for more info.
From Para 8,
….
However, after a careful perusal of the FIR and after taking into consideration the attendant circumstances, we are of the opinion that the FIR lodged by respondent 2 insofar as it relates to appellants 1, 2 and 3 deserves to be quashed. The allegations are extremely general in nature. No specific role is attributed to each of the appellants. Respondent 2 has stated that after the marriage, she resided with her husband at Ahmedabad. It is not clear whether appellants 1, 2 and 3 were residing with them at Ahmedabad. The marriage took place on 9/7/2002 and respondent 2 left her matrimonial home on 15/2/2003 i.e. within a period of seven months. Thereafter, respondent 2 took no steps to file any complaint against the appellants. Six years after she left the house, the present FIR is lodged making extremely vague and general allegations against appellants 1, 2 and 3. It is important to remember that appellant 2 is a married sister-in-law. In our opinion, such extra ordinary delay in lodging the FIR raises grave doubt about the truthfulness of allegations made by respondent 2 against appellants 1, 2 and 3, which are, in any case, general in nature. We have no doubt that by making such reckless and vague allegations, respondent 2 has tried to rope them in this case along with her husband. We are of the confirmed opinion that continuation of the criminal proceedings against appellants 1, 2 and 3 pursuant to this FIR is an abuse of process of law. In the interest of justice, therefore, the FIR deserves to be quashed insofar as it relates to appellants 1, 2 and 3.
Citations: [2013 BOMCR CRI SC 1 577], [2012 AIOL 2078], [2013 CRLJ SC 3644], [2013 RCR CRIMINAL SC 1 969], [2013 SCC 14 374], [2012 SCC CRI 4 426], [2012 SCC ONLINE SC 1073], [2013 CRILJ 3644], [2013 AD SC 2 565], [2013 AJR 4 643], [2013 DMC SC 1 1], [2012 JT SC 12 390], [2013 RCR CRIMINAL 1 959], [2012 SCALE 12 692], [2013 UC 1 155], [2013 BOMCR CRI 1 577], [2013 CRI LJ 3644]
Other Sources:
https://indiankanoon.org/doc/151787634/
https://www.casemine.com/judgement/in/5609af17e4b014971141594d
https://www.indianemployees.com/judgments/details/chandralekha-and-ors-vs-state-of-rajasthan-anr
Varala Bharath Kumar Vs The State Of Telangana on 5 September, 2017
This is classic case of non-application of judicial 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.
From Paras 8 and 9,
8. We are conscious of the fact that, Section 498-A was added to the Code with a view to punish the husband or any of his relatives, who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. Keeping the aforementioned object in mind, we have dealt with the matter. We do not find any allegation of subjecting the complainant to cruelty within the meaning of Section 498-A IPC. The records at hand could not disclose any wilful conduct which is of such a nature as is likely to drive the complainant to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the complainant. So also, there is nothing on record to show that there was a demand of dowry by the appellants or any of their relatives, either prior to the marriage, during the marriage or after the marriage. The record also does not disclose anywhere that the husband of the complainant acted, with a view to coerce her or any person related to her to meet any unlawful demand of any property or valuable security.
9. The ingredients of criminal breach of trust are also not forthcoming from the records as against the appellants. The allegations contained in the complaint and the charge-sheet do not satisfy the definition of criminal breach of trust, as contained in Section 405 IPC. In view of the blurred allegations, and as we find that the complainant is only citing the incidents of unhappiness with her husband, no useful purpose will be served in continuing the prosecution against the appellants. This is a case where there is a total absence of allegations for the offences punishable under Section 498-A and Section 406 IPC. In the matter on hand, the allegations made in the first information report as well as the material collected during the investigation, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute the offences punishable under Sections 498-A and 406 IPC against the appellant-accused. So also the uncontroverted allegations found against the appellants do not disclose the commission of the offence alleged and make out a case against the accused. The proceedings initiated against the appellants are liable to be quashed.
The AP High Court order is here.
Citations : [2017 SCC 9 413], [2017 SCC ONLINE SC 1049], [2017 AIR SC 4434], [2017 ALLCC 101 359], [2017 CCR SC 4 140], [2017 DMCSC 3 529], [2017 RCR CRIMINAL 4 113], [2017 SCALE 11 131], [2017 SCC CRI 3 740]
Other Sources :
https://indiankanoon.org/doc/164920459/
https://www.casemine.com/judgement/in/59b03f0fce686e45ff91df85
https://www.legalauthority.in/judgement/varala-bharath-kumar-vs-the-state-of-telangana-998
