Santosh Bakshi Vs State Of Punjab And Ors on 30 June, 2014

Posted on October 27, 2018 by ShadesOfKnife

A peculiar case where the knife filed DV Case on in-laws alone, excluding her husband. The brother-in-law of the knife filed a complaint to police that knife has been filing false cases and police filed a case under IPC 182 after permission from SSP. Knife moved High Court for quash of this case and it was dismissed for lack of merits. Now Supreme Court has set aside this order of High Court and allowed the knife’s petition for quash.

From Para 14,

The complaint, if made, by any woman alleging offence under the Protection of Women from Domestic Violence Act, 2005 committed by any member of the family, the matter is to be looked upon seriously. The Police without proper verification and investigation cannot submit a report that no case is made out. The Investigating Agency is required to make proper enquiry not only from the members of the family but also from neighbours, friends and others. After such enquiry, the Investigating Agency may form a definite opinion and file report but it is for the Court to decide finally whether to take cognizance for any offence under any of the provisions of the Act.

This is where the judge takes a tangential swipe at a DV case to 498A case. Quite peculiar indeed.

Santosh Bakshi Vs State Of Punjab And Ors on 30 June, 2014

Citations : [2015 ALD CRL SC 1 518], [2014 SCC 13 25], [2014 SCC CRI 5 517], [2014 SCC ONLINE SC 495], [2014 AIR SC 2966], [2014 AIC 140 58], [2014 CRI LJ 4069], [2014 AIOL 394], [2014 BOMCR CRI SC 3 426], [2014 CRLJ SC 4069], [2014 JLJR SC 3 263], [2014 JT 8 574], [2014 RCR CRIMINAL SC 4 175], [2014 SCALE 8 226], [2014 AIR SC 4417], [2014 ALT CRI 3 314], [2014 SCJ 8 179], [2014 AIR SCW 4417]

Other Sources :

https://indiankanoon.org/doc/181157487/

https://www.casemine.com/judgement/in/5609af4ce4b0149711416147

https://advocatespedia.com/Santosh_Bakshi_vs_State_Of_Punjab_And_Ors_on_30_June,_2014

The High Court order that is set aside is given below.

Santosh Bakshi Vs State Of Punjab And Others on 12 July, 2013

B.S. Joshi & Ors Vs State Of Haryana & Anr on 13 March, 2003

Posted on October 18, 2018 by ShadesOfKnife

This is the landmark judgment from Hon’ble Supreme Court, which laid down the law that under CrPC 482, High Courts can quash a FIR or non-compoundable case such as 498A and 406 IPC.

From Para 13-15,

13. The observations made by this Court, though in a slightly different context, in G.V Rao v. L.H.V Prasad 2000 3 SCC 693 are very apt for determining the approach required to be kept in view in a matrimonial dispute by the courts. It was said that there has been an outburst of matrimonial disputes in recent times. Marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case. There are many other reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their “young” days in chasing their “cases” in different courts.
14. There is no doubt that the object of introducing Chapter XX-A containing Section 498-A in the Indian Penal Code was to prevent torture to a woman by her husband or by relatives of her husband. Section 498-A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hypertechnical view would be counterproductive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XX-A of the Indian Penal Code.
15. In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and section 320 of the code does not limit or affect the powers under section 482 of the code.

B.S. Joshi & Ors Vs State Of Haryana & Anr on 13 March, 2003

Citations : [2003 ACR SC 2 1305], [2003 AIR SC 1386], [2003 ALD CRI 1 842], [2003 ALR 51 222], [2003 ALT CRI 2 60], [2003 ALT SC 5 4], [2003 CALLT SC 3 32], [2003 CGLJ 2 35], [2003 CTC 3 54], [2003 DMC SC 1 524], [2003 GLH 2 351], [2003 JKJ SC 2 439], [2003 JT SC 3 277], [2003 KLT SC 2 1062], [2003 OLR 2 101], [2003 RCR CRIMINAL 2 888], [2003 SCALE 3 214], [2003 SCC 4 675], [2003 SCR 2 1104], [2003 UC 2 827], [2003 UJ 2 953], [2003 SCC CRI 848], [2003 CRI LJ 2028]

Other Sources :

https://indiankanoon.org/doc/469138/

https://www.casemine.com/judgement/in/5609adc9e4b0149711412459

Another landmark judgment which cites this judgment is here.

Gian Singh Vs State Of Punjab & Anr on 24 September, 2012

Posted on October 18, 2018 by ShadesOfKnife

The legal contention to be decided authoritatively in this case in front of Apex Court is that “it should not be understood to have meant that Judges can quash any kind of criminal case merely because there has been a compromise between the parties. After all, a crime is an offence against society, and not merely against a private individual”.

This was referred from a 2-judge bench of Apex Court to decide the issue authoritatively and dissolve the ambiguity, if any.

Some or all of the following tests may be relevant to decide whether to quash or not to quash the criminal proceedings in a given case;
(a) the nature and gravity of case;
(b) does the dispute reflect overwhelming and predominantly civil flavour;
(c) would the quashing involve settlement of entire or almost the entire dispute;
(d) the compromise/settlement between parties and/or other facts and the circumstances render possibility of conviction remote and bleak;
(e) not to quash would cause extreme injustice and would not serve ends of justice and
(f) not to quash would result in abuse of process of court.

Gian Singh Vs State Of Punjab & Anr on 24 September, 2012

The key judgment cited in this judgment is here.

Citations: [2012 SCALE 9 257], [2012 SLT 7 171], [2012 CRLJ SC 4934], [2012 RCR CRIMINAL SC 4 543], [2012 SCC 10 303], [2012 AIR SC 5333], [2012 BOMCR CRI SC 4 428], [2013 SCC CRI 1 160], [2012 CRIMES SC 4 155], [2012 AIOL 413], [2012 SCC CIV 4 1188], [2012 SCC L&S 2 988], [2012 SCC ONLINE SC 769], [2012 KLJ 4 141], [2012 KERLT 4 108], [2012 GUJ LH 3 394], [2012 AIR SC SUPP 838], [2013 RLW SC 4 3573], [2013 BLJ 2 289], [2012 SCR 8 753], [2012 KARLJ 5 476], [2012 WLN 4 71], [2012 CGLRW 3 98], [2012 JT SC 9 426], [2012 AIR SCW 5333]

Other Sources:

https://indiankanoon.org/doc/69949024/

https://www.casemine.com/judgement/in/5609af16e4b014971141590c

https://indianlawportal.co.in/gian-singh-v-state-of-punjab/

Youth Bar Association of India Vs UOI on 7 Sep 2016

Posted on October 2, 2018 by ShadesOfKnife

This is the landmark judgment from Hon’ble Supreme Court wherein directions were issued to Home Secretaries and DGPs of all States.

The complete directions are given below

(a) An accused is entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 of the Cr.P.C.
(b) An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place in a First Information Report can submit an application through his representative/agent/parokar for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the Court. On such application being made, the copy shall be supplied within twenty-four hours.
(c) Once the First Information Report is forwarded by the police station to the concerned Magistrate or any Special Judge, on an application being filed for certified copy on behalf of the accused, the same shall be given by the Court concerned within two working days. The aforesaid direction has nothing to do with the statutory mandate inhered under Section 207 of the Cr.P.C.
(d) The copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and such other offences, should be uploaded on the police website, and if there is no such website, on the official website of the State Government, within twenty-four hours of the registration of the First Information Report so that the accused or any person connected with the same can download the FIR and file appropriate application before the Court as per law for redressal of his grievances. It may be clarified here that in case there is connectivity problems due to geographical location or there is some other unavoidable difficulty, the time can be extended up to forty-eight hours. The said 48 hours can be extended maximum up to 72 hours and it is only relatable to connectivity problems due to geographical location.
(e) The decision not to upload the copy of the FIR on the website shall not be taken by an officer below the rank of Deputy Superintendent of Police or any person holding equivalent post. In case, the States where District Magistrate has a role, he may also assume the said authority. A decision taken by the concerned police officer or the District Magistrate shall be duly communicated to the concerned jurisdictional Magistrate.
(f) The word ‘sensitive’ apart from the other aspects which may be thought of being sensitive by the competent authority as stated hereinbefore would also include concept of privacy regard being had to the nature of the FIR. The examples given with regard to the sensitive cases are absolutely illustrative and are not exhaustive.
(g) If an FIR is not uploaded, needless to say, it shall not enure per se a ground to obtain the benefit under Section 438 of the Cr.P.C.
(h) In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a person grieved by the said action, after disclosing his identity, can submit a representation to the Superintendent of Police or any person holding the equivalent post in the State. The Superintendent of Police shall constitute a committee of three officers which shall deal with the said grievance. As far as the Metropolitan cities are concerned, where Commissioner is there, if a representation is submitted to the Commissioner of Police who shall constitute a committee of three officers. The committee so constituted shall deal with the grievance within three days from the date of receipt of the representation and communicate it to the grieved person.
(i) The competent authority referred to hereinabove shall constitute the committee, as directed herein-above, within eight weeks from today.
(j) In cases wherein decisions have been taken not to give copies of the FIR regard being had to the sensitive nature of the case, it will be open to the accused/his authorized representative/parokar to file an application for grant of certified copy before the Court to which the FIR has been sent and the same shall be provided in quite promptitude by the concerned Court not beyond three days of the submission of the application.
(k) The directions for uploading of FIR in the website of all the States shall be given effect from 15th November, 2016.

Youth Bar Association of India Vs UOI on 7 September, 2016

Citations: [2016 SCC ONLINE SC 914], [2017 ELT SC 345 434], [2016 SCC 9 473], [2016 SCC CRI 3 691], [2016 AIR SC 4136], [2016 CTC 5 571], [2016 KLT 3 1035]

Other Sources:

https://indiankanoon.org/doc/151036912/

https://www.casemine.com/judgement/in/58117e6a2713e17947889bcf

https://www.scconline.com/blog/post/2016/09/08/firs-to-be-uploaded-on-the-police-website-or-official-website-of-the-government-concerned-from-15th-november-2016/

Here is the Petition copy.

WRIT-PETITIONCRIMINAL-NO-68-OF-2016-1

Subramanian Swamy Vs Union of India on 13 May 2016

Posted on October 2, 2018 by ShadesOfKnife

In this landmark judgment from Hon’ble Supreme Court, it has uphold the constitutional validity of Sections 499 and 500 of the Indian Penal Code and Section 199 of the Code of Criminal Procedure.

Subramanian Swamy Vs Union of India on 13 May, 2016

Citations: [2016 SCC 7 221], [2016 SCC ONLINE SC 550], [2016 AIR SC 2728]

Indiankanoon.org or Casemine link: https://www.casemine.com/judgement/in/581180e72713e179479dd9f3

The Index for Defamation Judgments is here.

Onkar Nath Mishra and Ors Vs State (NCT of Delhi) and Anr on 14 December, 2007

Posted on September 28, 2018 by ShadesOfKnife

In this landmark quash judgment, Hon’ble Apex Court held that IPC 406 and IPC 498A is not made out on the parents of the husband and as such the case on them is quashed.

Highlights

Knife Name: Neetu
Husband Name: Ashutosh Misra

He gave me no money for expenditure. When I left Bijnore he gave me only Rs.1/- only. I did not receive any phone from him till 7th November, 1994.
He told me that he has no time to go to Cell and to bring me to Bijnore.
talk to your father to give you Rs.50,000/- and VCR to bring with you.
If you come here alone with the child, we will give you good beatings.
Almost 2 weeks ago, Hira Lal informed me that my husband took away all my belongings with him at 4 A.M.
she stated that, my father-in-law and sister-in-law clearly warned him that till the time I will not bring Rs.50,000/- cash and V.C.R. they will not keep me.
In the charge-sheet, it has been recorded that despite issue of notice under Section 160 Cr.P.C. to the complainant and her father by the ASI, neither the complainant nor her father turned up to take back her Stridhan , which was alleged to be with the appellants. It has been noted that the complainant does not want to take back her Stridhan.

Law point from Para 10,

It is trite that at the stage of framing of charge the court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom, taken at their face value, disclosed the existence of all the ingredients constituting the alleged offence. At that stage, the court is not expected to go deep into the probative value of the material on record. What needs to be considered is whether there is a ground for presuming that the offence has been committed and not a ground for convicting the accused has been made out. At that stage, even strong suspicion founded on material which leads the court to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged would justify the framing of charge against the accused in respect of the commission of that offence.

From Para 19,

Section 498A I.P.C. was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Nevertheless, the provision should not be used as a device to achieve oblique motives.

Onkar Nath Mishra & Ors Vs State (Nct Of Delhi) & Anr on 14 December, 2007

Citations: [2007 SUPREME 8 405], [2008 SCC 2 561], [2008 CRLJ 0 1391], [2008 AIR SC 204], [2008 RCR CRI 1 336], [2008 SCC 1 65], [2007 STPL LE 0 39378], [2008 SCC CRI 1 507], [2008 AD SC 2 398], [2008 BLJR 56 753], [2008 MADLW CRL 2 955], [2008 ACC 60 694], [2008 SCC CRL 1 507], [2008 JT 1 20], [2008 LW CRL 2 955], [2008 ALL MR CRI 1360], [2008 ALT CRI 3 83], [2008 AIR SC 96], [2008 MAHLJ CRI 2 550], [2008 SCC CR 1 507], [2008 CRIMES 1 42], [2008 DRJ 100 3], [2008 UJ 1 107], [2008 MLJ CRI 2 686], [2008 SLT 1 329], [2007 AIOL 1302], [2008 ANJ SC 1 124], [2008 CRLJ SC 1351], [2007 SCALE 14 403], [2007 SCR 13 716], [2008 AIC SC 62 155], [2008 CRI LJ 1391]

Other Source links: https://indiankanoon.org/doc/1907093/ and https://www.casemine.com/judgement/in/5609ae46e4b01497114135e4

Thota Venkateswarlu Vs State Of Andhra Pradesh And Another on 2 September, 2011

Posted on September 28, 2018 by ShadesOfKnife

Hon’ble Supreme Court has held in this judgment that,

Having regard to the above, while we see no reason to interfere with the High Court’s decision to reject the petitioner’s prayer for quashing of the proceedings in Complaint Case No.307 of 2007, we also make it clear that the learned Magistrate may proceed with the trial relating to the offences alleged to have been committed in India. However, in respect of offences alleged to have been committed outside India, the learned Magistrate shall not proceed with the trial without the sanction of the Central Government as envisaged in the proviso to Section 188 Cr.P.C.

Thota Venkateswarlu Vs State Of Andhra Pradesh And Another on 2 September, 2011

K.D. Sharma Vs Steel Authority Of India Ltd. and Ors. on July 09, 2008

Posted on September 19, 2018 by ShadesOfKnife

Another authority from a division bench of the Supreme Court wherein it was held that,

From Para 24 and 26,

24. The jurisdiction of the Supreme Court under Article 32 and of the High Court under Article 226 of the Constitution is extraordinary, equitable and discretionary. Prerogative writs mentioned therein are issued for doing substantial justice. It is, therefore, of utmost necessity that the petitioner approaching the Writ Court must come with clean hands, put forward all the facts before the Court without concealing or suppressing anything and seek an appropriate relief. If there is no candid disclosure of relevant and material facts or the petitioner is guilty of misleading the Court, his petition may be dismissed at the threshold without considering the merits of the claim.
26. A prerogative remedy is not a matter of course. While exercising extraordinary power a Writ Court would certainly bear in mind the conduct of the party who invokes the jurisdiction of the Court. If the applicant makes a false statement or suppresses material fact or attempts to mislead the Court, the Court may dismiss the action on that ground alone and may refuse to enter into the merits of the case by stating “We will not listen to your application because of what you have done”. The rule has been evolved in larger public interest to deter unscrupulous litigants from abusing the process of Court by deceiving it.

From Paras 28 and 29,

28. The above principles have been accepted in our legal system also. As per settled law, the party who invokes the extraordinary jurisdiction of this Court under Article 32 or of a High Court under Article 226 of the Constitution is supposed to be truthful, frank and open. He must disclose all material facts without any reservation even if they are against him. He cannot be allowed to play `hide and seek’ or to `pick and choose’ the facts he likes to disclose and to suppress (keep back) or not to disclose (conceal) other facts. The very basis of the writ jurisdiction rests in disclosure of true and complete (correct) facts. If material facts are suppressed or distorted, the very functioning of Writ Courts and exercise would become impossible. The petitioner must disclose all the facts having a bearing on the relief sought without any qualification. This is because, “the Court knows law but not facts”.
29. If the primary object as highlighted in Kensington Income Tax Commissioners is kept in mind, an applicant who does not come with candid facts and `clean breast’ cannot hold a writ of the Court with `soiled hands’. Suppression or concealment of material facts is not an advocacy. It is a jugglery, manipulation, maneuvering or misrepresentation, which has no place in equitable and prerogative jurisdiction. If the applicant does not disclose all the material facts fairly and truly but states them in a distorted manner and misleads the Court, the Court has inherent power in order to protect itself and to prevent an abuse of its process to discharge the rule nisi and refuse to proceed further with the examination of the case on merits. If the Court does not reject the petition on that ground, the Court would be failing in its duty. In fact, such an applicant requires to be dealt with for contempt of Court for abusing the process of the Court.

From final para,

the appellant has not come forward with all the facts. He has chosen to state facts in the manner suited to him by giving an impression to the Writ Court that an instrumentality of State (SAIL) has not followed doctrine of natural justice and fundamental principles of fair procedure. This is not proper. Hence, on that ground alone, the appellant cannot claim equitable relief.

K.D. Sharma Vs Steel Authority Of India Ltd. and Ors. on July 09, 2008

Citations : [2008 SUPREME 5 287], [2008 AIOL 783], [2008 SCC 12 481], [2008 JT SC 8 57]

Other Sources :

https://indiankanoon.org/doc/1007946/

https://www.casemine.com/judgement/in/5609ae87e4b01497114140b2

Inder Mohan Goswami & Another Vs State Of Uttaranchal & Others on 9 October, 2007

Posted on September 18, 2018 by ShadesOfKnife

This is the landmark judgment regarding the inherent powers of High Court

Powers of Court under CrPC 482

Inherent power under section 482 Cr.P.C. can be exercised:
(i) to give effect to an order under the Code;
(ii) to prevent abuse of the process of court, and
(iii) to otherwise secure the ends of justice.

Reference made to available here R.P. Kapur v. State of Punjab AIR 1960 SC 866.

In R.P. Kapur v. State of Punjab AIR 1960 SC 866, this court summarized some categories of cases where inherent power can and should be exercised to quash the proceedings:
(i) where it manifestly appears that there is a legal bar against the institution or continuance of the proceedings;
(ii) where the allegations in the first information report or complaint taken at their face value and accepted in their entirety do not constitute the offence alleged;
(iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly

Reference made to Perjury

The court noticed that the tendency of perjury is very much on the increase. Unless the courts come down heavily upon such persons, the whole judicial process would come to ridicule. The court also observed that chagrined and frustrated litigants should not be permitted to give vent to their frustration by cheaply invoking jurisdiction of the criminal court.

And law is explained in regards to IPC 415 and 420 Cheating case.

On a reading of the aforesaid section, it is manifest that in the definition there are two separate classes of acts which the person deceived may be induced to do. In the first class of acts he may be induced fraudulently or dishonestly to deliver property to any person. The second class of acts is the doing or omitting to do anything which the person deceived would not do or omit to do if he were not so deceived. In the first class of cases, the inducing must be fraudulent or dishonest. In the second class of acts, the inducing must be intentional but need not be fraudulent or dishonest. Therefore, it is the intention which is the gist of the offence. To hold a person guilty of cheating it is necessary to show that he had a fraudulent or dishonest intention at the time of making the promise. From his mere failure to subsequently keep a promise, one cannot presume that he all along had a culpable intention to break the promise from the beginning.

And the forgery

The following ingredients are essential for commission of the offence under section 467 IPC:
1. the document in question so forged;
2. the accused who forged it.
3. the document is one of the kinds enumerated in the aforementioned section.

when to issue non-bailable warrants for arresting an individual.

Before parting with this appeal, we would like to discuss an issue which is of great public importance, i.e., how and when warrants should be issued by the Court? It has come to our notice that in many cases that bailable and non-bailable warrants are issued casually and mechanically. In the instant case, the court without properly comprehending the nature of controversy involved and without exhausting the available remedies issued non-bailable warrants.

And… When non-bailable warrants should be issued,

Non-bailable warrant should be issued to bring a person to court when summons of bailable warrants would be unlikely to have the desired result. This could be when:
* it is reasonable to believe that the person will not voluntarily appear in court; or
* the police authorities are unable to find the person to serve him with a summon; or
* it is considered that the person could harm someone if not placed into custody immediately.
As far as possible, if the court is of the opinion that a summon will suffice in getting the appearance of the accused in the court, the summon or the bailable warrants should be preferred. The warrants either bailable or non-bailable should never be issued without proper scrutiny of facts and complete application of mind, due to the extremely serious consequences and ramifications which ensue on issuance of warrants. The court must very carefully examine whether the Criminal Complaint or FIR has not been filed with an oblique motive.
In complaint cases, at the first instance, the court should direct serving of the summons along with the copy of the complaint. If the accused seem to be avoiding the summons, the court, in the second instance should issue bailable warrant. In the third instance, when the court is fully satisfied that the accused is avoiding the court\022s proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to. Personal liberty is paramount, therefore, we caution courts at the first and second instance to refrain from issuing non-bailable warrants.

Inder Mohan Goswami & Another Vs State Of Uttaranchal & Others on 9 October, 2007

Indiakanoon.org link: https://indiankanoon.org/doc/855018/ or https://www.casemine.com/judgement/in/5609ae56e4b01497114137d5

Citation: [2008 AIR 251], [2007 (10) SCR 847], [2007 (11) JT 499], [2007 (12) SCALE 15], [2007 JT 11 499], [2008 SCC CRI 1 259], [2007 AIOL 1021], [2007 SCR 10 847], [2007 SCC 12 1], [2008 AIR SC 251], [2007 DLT 144 257], [2007 AIC SC 59 30], [2008 ALLLJ 1 40]

Index here.

Anurag Mittal Vs Shaily Mishra Mittal on 24 Aug 2018

Posted on August 29, 2018 by ShadesOfKnife

In this judgment from Hon’ble Apex Court, it was held that a pending appeal in a divorce decree does not make second marriage null and void, if it was withdrawn before second marriage.

From Paras 18-20,

18. Section 15 of the Act provides that it shall be lawful for either party to marry again after dissolution of a marriage if there is no right of appeal against the decree. A second marriage by either party shall be lawful only after dismissal of an appeal against the decree of divorce, if filed. If there is no right of appeal, the decree of divorce remains final and that either party to the marriage is free to marry again. In case an appeal is presented, any marriage before dismissal of the appeal shall not be lawful. The object of the provision is to provide protection to the person who has filed an appeal against the decree of dissolution of marriage and to ensure that the said appeal is not frustrated. The purpose of Section 15 of the Act is to avert complications that would arise due to a second marriage during the pendency of the appeal, in case the decree of dissolution of marriage is reversed. The protection that is afforded by Section 15 is primarily to a person who is contesting the decree of divorce.
19. Aggrieved by the decree of divorce, the Appellant filed an appeal and obtained a stay of the decree. During the pendency of the appeal, there was a settlement between him and his former spouse. After entering into a settlement, he did not intend to contest the decree of divorce. His intention was made clear by filing of the application for withdrawal. It cannot be said that he has to wait till a formal order is passed in the appeal, or otherwise his marriage dated 06.12.2011 shall be unlawful. Following the principles of purposive construction, we are of the opinion that the restriction placed on a second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the appeal.
20. It is not the case of the Appellant that the marriage dated 06.12.2011 is lawful because of the interim order that was passed in the appeals filed by him against the decree of divorce. He rested his case on the petition filed for withdrawal of the appeal. The upshot of the above discussion would be that the denouement of the Family Court is correct and upheld, albeit for different reasons. The conclusion of the High Court that the marriage dated 06.12.2011 is void is erroneous. Hence, the judgment of the High Court is set aside.

Anurag Mittal Vs Shaily Mishra Mittal on 24 August, 2018

Citations: [AIR 2018 SUPREME COURT 3983], [2018 (9) SCC 691], [AIR 2018 SC (CIV) 2946], [(2018) 5 MAD LW 582], [(2018) 4 RAJ LW 2917], [(2018) 4 RECCIVR 103], [(2018) 8 MAD LJ 394], [(2018) 4 MPLJ 11], [(2018) 5 MAH LJ 714], [(2019) 1 PUN LR 189], [(2018) 2 WLC(SC)CVL 439], [(2018) 10 SCALE 202], [(2018) 3 KER LT 980], [(2019) 1 CIVLJ 734], [(2018) 3 DMC 1], [(2018) 4 PAT LJR 99], [(2019) 1 CAL LJ 41], [(2018) 4 CIVILCOURTC 314], [(2019) 132 ALL LR 725], [(2018) 6 ANDHLD 79], [(2018) 5 BOM CR 505], [(2019) 2 CALLT 56], [(2019) 193 ALLINDCAS 193 (SC)], [(2018) 3 HINDULR 343], [(2018) 5 CAL HN 252], [(2018) 126 CUT LT 1001], [(2018) 4 JCR 179 (SC)], [(2018) 251 DLT 552], [(2019) 1 GUJ LH 197], [(2018) 4 JLJR 61], [AIRONLINE 2018 SC 215]

Other Sources:

https://indiankanoon.org/doc/124571211/

https://www.casemine.com/judgement/in/5b87b4c018a681333960cea8

https://www.scconline.com/blog/post/2018/08/25/marriage-solemnized-before-dismissal-of-appeal-against-decree-of-divorce-held-valid-on-purposive-construction-sc/

Shades of Knife

True Colors of a Vile Wife

Tag: Reportable Judgement or Order

Santosh Bakshi Vs State Of Punjab And Ors on 30 June, 2014

B.S. Joshi & Ors Vs State Of Haryana & Anr on 13 March, 2003

Gian Singh Vs State Of Punjab & Anr on 24 September, 2012

Youth Bar Association of India Vs UOI on 7 Sep 2016

Subramanian Swamy Vs Union of India on 13 May 2016

Onkar Nath Mishra and Ors Vs State (NCT of Delhi) and Anr on 14 December, 2007

Thota Venkateswarlu Vs State Of Andhra Pradesh And Another on 2 September, 2011

K.D. Sharma Vs Steel Authority Of India Ltd. and Ors. on July 09, 2008

Inder Mohan Goswami & Another Vs State Of Uttaranchal & Others on 9 October, 2007

Anurag Mittal Vs Shaily Mishra Mittal on 24 Aug 2018