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True Colors of a Vile Wife

Tag: CrPC 482 – Quash Dismissed

Atul and Ors Vs State and Anr on 30 Nov 2022

Posted on December 15, 2022 by ShadesOfKnife

A division bench of Bombay High Court held, marrying another woman while having an alive spouse is cruelty u/s 498A IPC.

From Para 5,

5. The cruelty prima facie handed out to non-applicant no. 2 did not stop at physically torturing non-applicant no. 2 but, it went beyond the physical state of pain in the sense that the husband i.e. applicant no. 1 with impunity performed marriage with another woman and that was done with the active aid and assistance of the rest of the applicants. When a husband performs the second marriage while his first marriage is alive, a question arises as to whether such act on the part of husband would amount to cruelty within the meaning of Section 498-A of the IPC. As per explanation to Section 498-A of the IPC, cruelty means; any wilful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (mental or physical) of the woman. It also includes harassment caused with a view to coercing the woman or any person related to her to meet any unlawful demand for any property or valuable security. Here, we are concerned with wilful conduct of such a nature which has caused or which is likely to cause danger to health of non-applicant no. 2. Marrying another woman by the husband during existence of his first marriage is something which is most likely to cause trauma and grave injury to the mental health of the first wife, unless it has been done with the consent of the first wife. If the act of performance of second marriage during subsistence of the first marriage is not interpreted as amounting to cruelty contemplated under Section 498-A of the IPC, it would frustrate the legislative intent to prevent the torture to a woman by her husband or by relative of her husband and, therefore, that interpretation has to be adopted which sub-serves the object sought to be achieved by the Legislation. Useful reference in this regard may be made to the cases of B.S. Joshi and ors. Vs. State Of Haryana and anr. [2003 Cri L.J. 2028 (SC)] and Reema Aggarwal Vs. Anupam and ors. [(2004) 3 SCC 199]. By these parameters, we find here that the second marriage performed by applicant no. 1 while his first marriage with non-applicant no. 2 was on, prima facie amounted to cruelty. It has been further prima facie aggravated here when the applicant no. 1 made a false representation to other woman with whom he performed marriage during subsistence of the present marriage with non-applicant no. 2 that his first wife had died and the rest of the applicants i.e. both his parents, his siblings and also aunt joined in chorus with applicant no. 1. They falsely told the second woman that the first wife of applicant no. 1 had died. All these details have been graphically stated by the second woman in her statement recorded under Section 161 of the Criminal Procedure Code, 1973 (for short the “Cr.P.C.”). She has also informed the police
that she too had lodged a criminal complaint against applicant no. 1 which was registered by Police Station, Imamwada, Nagpur for certain cognizable offences. Although, it is not known as to exactly which are those offences but, the fact remains that even the second wife of applicant no. 1 has lodged a criminal report against him.

Atul and Ors Vs State and Anr on 30 Nov 2022
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Atul and Ors Vs State and Anr CrPC 482 - Costs Awarded CrPC 482 - Quash Dismissed Legal Procedure Explained - Interpretation of Statutes Legislative Intent must be Respect while Interpreting Statutes | Leave a comment

Rajesh Pundkar and Ors Vs State of Maharashtra and Anr on 08 Jun 2022

Posted on June 12, 2022 by ShadesOfKnife

A division bench of Bombay High Court said that, FIR cannot be quashed against relatives living in far away places just on that ground, when there are allegedly specific allegations in the Complaint/FIR.

From Paras 8-10,

8. On going through the allegations made in the First Information Report, we find that the allegations are not vague in nature. They are not general in nature either and that they specifically assign a role to each of the applicants which they had performed while subjecting the respondent No.2 to cruelty and harassment.
9. It appears to us that the entire story of woes of respondent No.2 began, going by the allegations made against applicant No.1, after the applicant No.1 established extra marital relations with applicant No.6 and even performed second marriage with her clandestinely. The respondent No.2 got married to applicant No.1 in the year 2007 and the respondent No.2 also bore three children from out of the wedlock. Out of three children, one is son and two are daughters. The eldest daughter of respondent No.2 is aged about 14 years, second daughter is aged about 7 years and the son, who is the youngest, is aged about 4 years. It is further seen that the year 2017 proved to be a disaster for respondent No.2 as it was from this year and on wards the marital discord began. From this year hence, the applicant No.1 started harassing the respondent No.2. It is alleged that he even used to subject her to severe beating. Soon thereafter, it is further seen, the respondent No.2 learnt about the extra marital affair that applicant No.1 was having with the applicant No.6 and when questioned by respondent No.2, applicant No.1 would further subject respondent No.2 to cruelty. The acts of cruelty and harassment have been specifically stated by respondent No.2 in the FIR as well as in police statement. The respondent No.2 has also alleged that when she brought all these facts to the notice of remaining applicants, they being her in-laws and probably in a position to control and regulate the conduct of applicant No.1, unexpected reaction came from the remaining applicants. The remaining applicants instead of exercising proper control over the applicant No.1, according to respondent No.2, started instigating applicant No.1 against respondent No.2. As alleged by respondent No.2, these applicants even raised illegal demand of Rs.50,000/- from respondent No.2 and upon her failure to meet that demand, the respondent No.2 was subjected by all these applicants to verbal abuses. They even instigated husband i.e. applicant to drive respondent No.2 out of his house.
10. The afore-stated allegations, we do not think, could be called as vague and general. These allegations have been made not only against the applicant-husband but also against all the in-laws i.e. remaining applicants and they are all specific in nature. They disclose sufficiently commission of cognizable offence cruelty, punishable under Section 498-A of the Indian Penal Code. It also does not appear to us that they have been made with some hidden motive to just rope in all in-laws.

From Para 12,

12. This is a case wherein specific instances of involvement of not only the husband but also his relatives have been stated and therefore, with due respect, we would say that the case of Kahkashan Kausar would not assist the applicants in any manner. In the case of Kahkashan Kausar, it is also held that when there are general omnibus allegations made in the course of matrimonial dispute and if they are not checked, it would result in misuse of the process of law. As stated earlier, in this case, there are no general omnibus allegations made against all the applicants rather, these allegations make out a prima-facie case against all the applicants and therefore, on this count also the case of Kahkashan Kausar would not help the applicants.

Rajesh Pundkar and Ors Vs State of Maharashtra and Anr on 08 Jun 2022

TIP: Don’t waste money on Quash in such circumstances. Just file a 205 CrPC application on the EXACT same grounds and sit at home relax! Let the prosecution scrabble to prove their false allegations.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Can Rope In All Relatives Of In-Laws Or Distant Relatives CrPC 205 – Magistrate may dispense with personal attendance of accused CrPC 482 - Quash Dismissed IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Misinterpretation of Earlier Judgment or Settle Principle of Law Rajesh Pundkar and Ors Vs State of Maharashtra and Anr | Leave a comment

Challa Sivakumar and Two Ors Vs Challa Anita and Two Ors on 24 October 2018

Posted on April 8, 2020 by ShadesOfKnife

In this case, it was held that, DVC is maintainble even after Divorce.

Challa Sivakumar and Two Ors Vs Challa Anita and Two Ors on 24 October 2018

Citations: [

Other Source links:


Disclaimer:

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

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.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification Supreme Court of India Judgment or Order or Notification | Tagged Challa Sivakumar and Two Ors Vs Challa Anita and Two Ors CrPC 482 - Quash Dismissed Giduthuri Kesari Kumar And Others Vs State Of Telangana Juveria Abdul Majid Patni Vs Atif Iqbal Mansoori PWDV Act Sec 2(f) - Maintainable After Divorce | Leave a comment

Rajdeep Sardesai Vs State Of A.P on 14 May 2015

Posted on January 16, 2019 by ShadesOfKnife

Rajdeep Sardesai faced rejection at SC when he sought quashment of the defamation proceedings initiated on him.

Rajdeep Sardesai Vs State Of A.P.& Ors on 14 May, 2015

Prior to this, AP high court also dismissed his 482 CrPC petition to quash the defamation proceedings initiated on him by Nampally Court.

Rajdeep Sardesai Vs State Of A.P. on 29 April, 2011

The Index for Defamation Judgments 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

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 199 - Defamation CrPC 482 - Quash Dismissed IPC 499 - Defamation IPC 500 - Punishment For Defamation Rajdeep Sardesai Vs State Of A.P. | Leave a comment

The State Of Telangana Vs Habib Abdullah Jeelani & Ors on 6 January, 2017

Posted on September 3, 2018 by ShadesOfKnife

This judgment from hon’ble Supreme Court, held that the High Court cannot direct the police not to arrest the petitioners during the pendency of the investigation just because they pleaded to be innocents, especially when it held that it is not inclined to interfere on the ground that it was not appropriate to stay the investigation of the case.

Interesting:

It is a well-settled proposition of law what cannot be done directly, cannot be done indirectly.

The State Of Telangana Vs Habib Abdullah Jeelani & Ors on 6 January, 2017
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Article 226 - Power of High Courts to issue certain writs CrPC 438 - Deleted in UP is Constitutional CrPC 482 - Quash Dismissed Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case The State Of Telangana Vs Habib Abdullah Jeelani and Ors | Leave a comment

Varala Bharath Kumar Vs State of Telangana on 28 March, 2016

Posted on August 31, 2018 by ShadesOfKnife

This is the order by the High Court of Andhra Pradesh which was set aside by the hon’ble Supreme Court here.

Varala Bharath Kumar Vs State of Telangana on 28 March, 2016
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged CrPC 482 - Quash Dismissed Varala Bharath Kumar Vs State of Telangana | Leave a comment

Chandra Shekhar Kargeti Vs State of Uttakhand on 8 August, 2018

Posted on August 11, 2018 by ShadesOfKnife

Wonderful Judgment from Hon’ble High Court of Uttarakhand, wherein it was held that Filing of False Affidavit is perjury and in this case it was done by a Advocate. A cost of 2 Lakhs was levied.

From Para 11,

A perusal of the criminal misc. application moved under Section 482 Cr.P.C. would reveal that the applicant has annexed some papers of case diary (Annexure 2 to the application) without disclosing the fact that from where he had obtained the papers of case diary which are confidential papers prepared by the Investigating Officer during investigation. It is surprising to note here that the applicant never appeared before the court below after submission of charge sheet and the trial court has also not passed orders under Section 207 and 208 of Cr.P.C. to supply the documents to the applicant. Since the court below has never supplied the papers of the case diary to the applicant as provided under Section 207 and 208 Cr.P.C. it is quite surprising how the applicant has annexed the papers of the case diary before this Court.

From Para 20,

Applicant before this Court is a practicing Advocate. He has himself stated so in para 8 of the present application – that the applicant is an Advocate and a public spirited person, a resident of Haldwani. Applicant has verified the contents of paragraph no. 5 of the criminal misc. application on the basis of record. However, no document has been placed on record to show that on the basis of which record or document, the averments were made in paragraph no. 5 of the criminal misc. application. However, the averment itself is false as the complainant is a member of Scheduled Tribe community and certificate to this effect has been issued to him by the competent authority. Thus it is a proven fact on record that contents of paragraph no. 5 of the application are false and misleading and were made to commit fraud upon the Court.

 

Chandra Shekhar Kargeti Vs State of Uttakhand on 8 August, 2018
Posted in High Court of Uttarakhand Judgment or Order or Notification | Tagged Advocate Antics Chandra Shekhar Kargeti Vs State of Uttakhand CrPC 482 - Quash Dismissed Perjury - Costs Levied or Imprisonment For Perjury Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted Sandeep Pamarati | Leave a comment

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