A. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 156(3), 190 – Registration of FIR -- Application under Section 156(3) CrPC – Procedure of -- Magistrate ought not to ordinarily entertain an application under Section 156(3) CrPC directly unless the informant has availed and exhausted his remedies provided under Section 154(3) CrPC, but as the Magistrate is otherwise competent under Section 156(3) CrPC to direct the registration of an FIR if the allegations in the application/complaint discloses the commission of a cognizable offence, the order so passed by the Magistrate would not be without jurisdiction and would not stand vitiated.

(Para 19, 33)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 156(3), 190 – Registration of FIR -- Application u/s 156(3) of the CrPC – Procedure of -- Application nowhere states that the informant has ever approached the officer-in-charge of the police station for lodging the FIR in accordance with Section 154 of the CrPC or that on refusal to record such information he has availed the remedy of approaching the Superintendent of Police concerned -- Mere bald allegation without any details or proof thereof, that the police authorities were approached several times is not acceptable -- In such a situation, the Magistrate ought not to have ordinarily entertained the application under Section 156(3) so as to direct the Police for the registration of the FIR, rather, it ought to have relegated the informant to first approach the officer-in-charge of the police station and then to the Superintendent of Police.

(Para 27-30)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 156(3) -- Application u/s 156(3) of Cr.P.C. – Reasoned order – Requirement of -- A reasoned order upon application of judicious mind is inherent while passing an order under Section 156(3) of the CrPC.

(Para 35-41)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 156(3), 482 -- Application u/s 156(3) of Cr.P.C. – Procedural lapses -- Quashing of FIR – Not obligatory upon the court to exercise the inherent power in each and every case, even if the order impugned suffers from minor procedural irregularity, provided there is no miscarriage of justice -- In a case where pursuant to the order of the Magistrate, which is not illegal or without jurisdiction, an FIR has been registered which discloses a cognizable offence and, thereafter, upon investigation, chargesheets have been submitted, there is apparently no justification for the court to exercise discretionary jurisdiction so as to quash the FIR or the order of the Magistrate.

(Para 42, 43)

E. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Quashing of FIR – Dispute of civil nature – Effect of -- Once allegations are made out, it is difficult for the court in exercise of its inherent jurisdiction to interfere with the FIR, only for the reason that some of the disputes are of civil nature which may or may not be having any criminality attached to it.

(Para 45)

F. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 300 -- Successive FIR -- Section 300 CrPC debars a second trial -- This is based on the public policy that no one should be harassed twice for the same offence by putting him to trial again and again -- Successive FIRs in respect of a same cognizable offence are not maintainable provided that on the basis of the earlier FIR, investigations have been completed and the trial had either resulted in conviction or acquittal of the accused.

(Para 52-55)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(viii), (ix) & (3)(2)(vii) – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 --  Offence under SC/ ST Act -- Quashing of criminal proceedings by High Court – Challenge to -- Dispute occurred between two Scheduled Caste groups, and the same was not driven by caste-based malice -- There was no substantive evidence on record to reflect involvement in the matter beyond the complainant’s time-barred assertions -- Delay itself casts doubt on the credibility of the allegations made against them – No evidence on record which would indicate mala fide intention on the part of Respondent No. 2 or any connivance -- Bald allegations against the Appellant would not in itself be sustainable -- High Court’s order does not call for any interference – Appeal dismissed.

(Para 16-26)

A. Indian Penal Code, 1860 (45 of 1860), Section 376 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Rape case -- Compromise quashing of FIR – Permissibility of -- Offence u/s 376 IPC is undoubtedly of a grave and heinous nature --  Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly -- However, the power of the Court u/s 482 CrPC to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case.

(Para 6)

B. Indian Penal Code, 1860 (45 of 1860), Section 376 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Rape case -- Compromise quashing of FIR – FIR invoking Section 376 IPC, was filed immediately following an earlier FIR lodged by the opposing side -- This sequence of events lends a certain context to the allegations and suggests that the second FIR may have been a reactionary step -- More importantly, the complainant in the second FIR has unequivocally expressed her desire not to pursue the case -- She has submitted that she is now married, settled in her personal life, and continuing with the criminal proceedings would only disturb her peace and stability -- Her stand is neither tentative nor ambiguous -- Parties have amicably resolved their differences and arrived at a mutual understanding -- Continuation of the trial would not serve any meaningful purpose -- It would only prolong distress for all concerned, especially the complainant, and burden the Courts without the likelihood of a productive outcome -- Continuation of the criminal proceedings would only amount to abuse of process -- FIR along with all proceedings arising therefrom, including Sessions Case, quashed.

(Para 7-9)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 372, 378(4) – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 413, 419(4) -- Acquittal in cheque bounce complaint – Leave to appeal – Right of appeal -- Scope and ambit of proviso to Section 372 Cr.P.C./413 BNSS are inherently broader and more accommodating when juxtaposed with the comparatively narrower confines of Section 378(4) of Cr.P.C., 1973/ 419(4) of BNSS, 2023 – Matter relegated to Session Judge :

-- The appeal, along with accompanying application(s) remitted to the learned Sessions Judge with a direction to treat the same as having been filed under Section 372 of Cr.P.C., 1973/ Section 413 of BNSS, 2023. The said learned Sessions Judge may entrust the appeal to himself or assign it to another Court of competent jurisdiction for its disposal, as per law.

-- The Registry directed to send, expeditiously, the complete records of the present appeal (including the paper-book) to the said learned Sessions Judge.

(Para 3, 4)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 372, 378(4) – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 413, 419(4) -- Acquittal in cheque bounce complaint – Leave to appeal – Delay/ Limitation -- Appeal before Session’s Court -- Application u/s 378(4) Cr.P.C. disposed of by directing the learned Sessions Judge to treat the present leave to appeal as an appeal filed u/s 372 of the Cr.P.C. and entrust the same to any appropriate Court to try the same -- The concerned Court shall decide the appeal on merits as per law, as expeditiously as possible -- Concerned Appellate Court need not to adhere to the delay aspect, if any, involved in the case, for the purpose of considering the issue raised in the appeal and its disposal on merit.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 302 – Indian Evidence Act, 1872 (1 of 1872), Section 8, 106 -- Murder – Acquittal -- Circumstantial evidence – Motive -- Recovery of weapon -- A blood-stained weapon even bearing the same blood group as that of the victim would not be sufficient to prove the charge of murder – Regarding motive, the evidence are very vague and vacillating -- Law is well settled that in an appeal against acquittal, interference can only be made if the only possible view based on the evidence points to the guilt of the accused and rules out his innocence -- Prosecution failed to lead clinching evidence to bring home the charges -- Impugned judgment of acquittal does not suffer from any infirmity warranting interference – Appeal dismissed.

(Para 6-10)

A. Indian Penal Code, 1860 (45 of 1860), Section 354A(1)(i) – Sexual harassment -- In order to attract Section 354A(1)(i) IPC, it has to be shown that the petitioner has resorted to physical contact and advances involving unwelcome and explicit sexual overtures – Thus it is of prime importance to show that the offender had committed the act with sexual intention.

(Para 5)

B. Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 7 – POCSO – Sexual assault -- To establish the offence of sexual assault as envisaged u/s 7 of the POCSO Act, it has to be shown that the offender had done the act with sexual intent.

(Para 5)

C. Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 7 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- POCSO – Allegation of sexual assault against Doctor – Quashing of Criminal proceedings -- Victim complained about chest pain and abdominal pain -- Medical examination of the victim was conducted by the petitioner in the presence of the mother of the victim on the first occasion, and in the presence of the elder sister of the victim on the second occasion -- It is too hard to believe that the petitioner would have resorted to sexual advances upon the victim in the close presence of the victim’s mother and elder sister -- Neither the statement given by the victim to the Police, nor her statements to the learned Magistrate u/s 164 Cr.PC, contained any indication that the alleged act committed by the petitioner was with sexual intent – Chances of that adolescent girl getting misunderstood about the act of the petitioner, cannot be ignored -- Section 41 of the POCSO Act assumes much relevancy -- Provisions of Sections 3 to 13 shall not apply in case of medical examination or medical treatment of a child when such medical examination or medical treatment is undertaken with the consent of his parents or guardian – Criminal proceedings quashed.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 304A – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Causing death by negligence -- In order to attract the offence u/s 304A, the death must be the direct or proximate result of the rash or negligent act of the accused -- Petitioner cannot be attributed with criminality in taking up the work, since the harm involved, due to the passing of live electric wires, adjacent to the building was not foreseeable -- Unfortunate incident occurred when the worker stretched his hand while fixing the reducing coupling, as part of the plumbing work, and accidentally touched the live wire -- In such circumstances, the petitioner cannot be attributed with either rashness or negligence – Criminal proceedings quashed.

(Para 5, 6)

A. Food Safety and Standards Act, 2006 (34 of 2006), Section 77, 26(1)(2)(i)(ii), 59, 3(1)(zz), Section 51, 3(1)(zx) -- Commission of offence under FSS Act – Filing of complaint – Relevant date -- It is only when report of the Food Analyst is received declaring the sample as unsafe or sub-standard that commission of offence takes place and the sale of such food article by the accused is prohibited -- Corrected report of Food Analyst was received by the complainant on 07.12.2022, therefore, the offence can be stated to have been committed on 07.12.2022 -- Impugned complaint has been filed on 30.11.2023 -- Thus, the same has been filed by the respondent/ complainant within the prescribed period of one year from the date of commission of the offence.

(Para 17, 18)

B. Food Safety and Standards Act, 2006 (34 of 2006), Section 42 26(1)(2)(i)(ii), 59, 3(1)(zz), Section 51, 3(1)(zx) – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Quashing of complaint -- Non-following of time prescribed in Section 42 of FSS Act – Provisions contained in Section 42 of the FSS Act, which provide for timelines for taking certain actions by the Food Analyst and the Designated Officer, are mandatory in nature -- Respondent has violated these timelines without explaining the reasons for delay in the complaint filed by him -- Prosecution against the petitioners cannot sustained.

(Para 26)

C. Food Safety and Standards Act, 2006 (34 of 2006), Section 66, 26(1)(2)(i)(ii), 59, 3(1)(zz), Section 51, 3(1)(zx) – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 223, 528 -- Quashing of complaint -- Complaint against Incharge of operation of Company – Maintainability of -- Without impleading Company, of which petitioner No.3 is claimed to be the person incharge of operations could not have been impleaded as an accused and proceeded against -- Prosecution against petitioner No.3 is, therefore, not sustainable in law -- Impugned complaint and the proceedings emanating therefrom quashed.

(Para 31)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Indian Penal Code, 1860 (45 of 1860), Section 142, 148, 323, 506 -- Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023), Section 9 -- Quashing of FIR/ Charge-sheet – Plea of alibi – Held, plea of alibi put forward by the petitioners cannot form a ground for quashing the impugned challan -- Veracity of the defence put up by the petitioners can be gone into by the trial court – High Court in exercise of its powers u/s 528 of BNSS cannot hold a mini trial -- In case, the petitioners feel that their defence of alibi has not been investigated by the Investigating Agency, it is open to them to approach the learned trial Magistrate before whom charge sheet has been filed and seek further investigation of the case -- Petition dismissed.

(Para 6-8)

Indian Penal Code, 1860 (45 of 1860), Section 376(2)(n) -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(2)(v) – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Rape – Promise to marry – Quashing of FIR -- No material on record to substantiate the allegations of cheating or sexual intercourse under a false promise of marriage – de-facto complainant is a highly educated woman aged 30 year, in the chat, she admitted that she was manipulative and was trying to “get a green card holder” -- It would not be difficult for her to trap the next one -- She would not waste time with the accused appellant and needs to “invest on the next victim” -- She would irritate her victims to the extent that they dump her, and she could happily start with the next one -- She also stated that she was using the accused-appellant -- Accused/ appellant was absolutely justified in panicking and backing out from the proposed marriage upon coming to know of the aggressive sexual behaviour and the obsessive nature of the de-facto complainant -- It cannot be said that the offence was committed by appellant/ accused with the de-facto complainant on the ground that she belonged to the Scheduled Castes/Scheduled Tribes community – FIRs and all proceedings consequence thereof quashed in entirety.

(Para 22-31)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 120B, 420, 468, 471 -- Prevention of Corruption Act, 1988 (49 of 1988), Section 13(2), 13(1)(d) -- Quashing of criminal proceedings -- Cheating, forgery and corruption in bank loan – OTS with Bank – Effect of – Dispute culminated in a comprehensive One Time Settlement under which the Bank has received the entire outstanding amount -- Recovery proceedings before the tribunal have been dismissed as settled and no residual claim survives -- Bank has not raised any objection to the closure of the matter and has issued formal acknowledgments of satisfaction -- In identical proceedings the charge sheets quashed – Settlement having taken place after the alleged offence and there being no continuing public interest, the Court saw no justification for allowing the matter to proceed further found appropriate to quash the proceedings -- Appeals allowed.

(Para 7-10)

Indian Penal Code, 1860 (45 of 1860), Section 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 227, 228 -- Abatement of suicide – Discharge of accused -- No normal person could have imagined that a scolding, that too based on a complaint by a student, would result in such tragedy due to the student so scolded taking his own life -- No mens rea can be attributed to the appellant much less, with regard to abatement of suicide committed by the deceased -- Appeal allowed, order framing charge against the appellant under Section 306 of the IPC set aside.

(Para 8, 9)

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 22 – Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 3, 50 -- NDPS – PMLA – Discharge in NDPS case – Continuity in Money laundering offence – Permissibility of -- Money laundering itself is a separate crime, distinct from the original (or scheduled) offence like corruption, drug trafficking, fraud, etc. -- Even if the scheduled offence is tried under Indian Penal Code, Narcotic Drugs and Psychotropic Substances Act, 1985 Act, etc., money laundering is prosecuted separately under PMLA -- Offence u/s 3 is dependent on the scheduled offence, but it is a separate and independent offence once the activity of laundering begins -- Mere discharge or quashing  of a FIR by a competent court does not automatically result in the quashing of an Enforcement Case Information Report (ECIR) filed under the Prevention of Money Laundering Act, 2002 -- Discharge in the predicate offence may influence the procedures under the PMLA; however, it cannot be regarded as an automatic or definitive basis for nullifying the ECIR.

(Para 30, 40, 41)

B. Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 3, 50 -- PMLA – Not an accused in scheduled offence – Effect of -- A person can be prosecuted for money laundering even if they are not directly involved in the commission of the scheduled offence, so long as they are involved in the laundering process -- A person accused of an offence u/s 3 PMLA need not necessarily be shown as an accused in the scheduled offence.

(Para 31, 32)

C. Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 3, 50 -- Discharge in the predicate offence -- Summon u/s 50 of PMLA – Nature of -- Enforcement Directorate's authority to summon individuals u/s 50 is intended for the acquisition of factual evidence pertaining to money laundering offences; obtaining a summons under this section does not inherently indicate that one is an accused in a money laundering investigation -- This indicates that the individual may have information or documents pertinent to the investigation -- Issuance of summons is a fundamental component in the execution of a fair and unbiased investigation -- It affords the relevant parties an opportunity to be heard, to articulate their case, and to address the allegations levied against them -- Issuance of summons under the PMLA should be regarded as an essential element of due process, intended to advance the rule of law and bolster public trust in the legal system -- Discharge in the predicate offence, albeit substantial, does not, as a legal principle, impact the ongoing validity of the summons -- Mere discharge of the petitioner concerning the predicate offence does not, in itself, grant the Court the power to annul the summons.

(Para 34-39)

Electricity Act, 2003 (36 of 2003), Section 135 – Theft of electricity – Penalty – Fine – Compensation -- Section 135(1)(a)(b) of ‘the Act’, gives discretion to the learned Trial Court either to impose upto one year imprisonment or fine of Rs.5,000/- -- Trial Court did not sentence the Appellant to any term as imprisonment, it imposed an amount of Rs.2,70,000/- towards fine and default imprisonment -- In an audit an amount of Rs.44,850/- was arrived, as appellant has indulged in power pilferage – Held, section 135(1)(a)(b) of ‘the Act’ does not confer imposition of Rs.2,70,000/- towards fine -- Petitioner has been in jail for the past fifteen days, he is aged about 84 years at present -- If an amount of Rs.20,000/- is directed to be paid towards compensation to the Corporation, it would meet the ends of justice – After the compensation of Rs.20,000/- is paid by the Appellant, Appellant be released forthwith.

(Para 5-7)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 374, 397, 401 -- Conviction in cheque bounce complaint – Settled amount paid to bank -- Respondent-Bank shown no objection to compounding of offence -- Object and purpose of enactment is to provide a compensatory mechanism for expeditious recovery of money as opposed to punishing the accused -- Amendment carried out in the year 2002 in the NI Act intended to make the nature of offence u/s 138 of the NI Act as a civil wrong while making it compoundable -- Conviction and order of sentence quashed/ set aside -- Petitioner acquitted.

(Para 3, 5-8)

Code of Criminal Procedure, 1973 (2 of 1974), Section 374 -- Indian Penal Code, 1860 (45 of 1860), Section 379B, 325, 341, 34 – Appeal against conviction – Compounding after conviction in snatching case – Matter has been amicably settled between the parties -- Appeals allowed, as a result of compounding, the judgment of conviction and order of sentence under Sections 379-B, 325, 341, 34 IPC, whereby appellant sentenced to RI for five years and a fine of Rs. 10,500/- along with all consequential proceeding quashed qua the petitioners.

(Para 14, 15)

Indian Penal Code, 1860 (45 of 1860), Section 379, 411 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- M.P. Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2022, Rules 3, 4 – Quashing of FIR -- Theft – Excavation of sand by Panchayat -- Exception under Rule 4 granted to the Gram Panchayat for transportation and storage of minor minerals quarried from the Government lands for public works -- This rule cannot be interpreted to the extent that the Gram Panchayat can commit theft or can illegally excavate the sand -- State Government is the owner of every mineral and therefore the illegal excavation of the same would amount to commission of theft -- It is not the case of applicant that the sand was purchased by the Gram Panchayat and the sand in question was quarried from Govt. land in legal manner -- Court can quash the proceedings only if the uncontroverted allegations do not make out an offence -- Application dismissed.

(Para 5-10)

Prevention of Corruption Act, 1988 (49 of 1988), Section 7, 13(1)(d) r/w Section 13(2) -- Corruption case -- Demand of bribe – Presumption – Tests were conducted on the hands of the Appellant which proved negative --  However, money was recovered from the rexine bag attached to the petrol tank of the Appellant’s motorcycle -- Factum of demand, in the backdrop of an element of animus between the Appellant and complainant not proved -- In such circumstances, the presumption u/s 20 of the Act would not militate against the Appellant -- Conviction and sentence set aside, extending to him the benefit of doubt.

(Para 6, 21, 22)

A. Indian Penal Code, 1860 (45 of 1860), Section 186, 351, 353, 356 – Obstruction in discharge of official duties – Criminal force – Assault – Use of criminal force or assault on a public servant is essential to attract Section 353 IPC -- Physical movement of the labourers would not amount to use of force far less criminal force on a public servant – Offence u/s 353 IPC not made out -- Obstruction to a public servant must be done with the requisite mens rea i.e. to prevent the latter from discharging his official duty -- Members of the social organization were of the impression that bonded labourers/ children ought to be interrogated at a neutral place i.e. Police Station whereas the officers wanted to interrogate them at the site -- When profile of the allegations emerging from the factual matrix of the case renders existence of mens rea patently absurd or inherently improbable, such prosecution is liable to be quashed as an abuse of process of law.

(Para 22-28)

B. Indian Penal Code, 1860 (45 of 1860), Section 186, 353 – Code of Criminal Procedure, 1973 (2 of 1974), Section 155(2) -- Obstruction in discharge of official duties – Non-cognizable offence – Procedure of -- Section 186 is a non-cognizable offence and in absence of ingredients of Section 353 (cognizable offence) disclosed in the FIR, prior permission of Magistrate under Section 155 (2) Cr.PC was necessary to register FIR -- No such permission was obtained rendering the registration of FIR and ensuing investigation bad in law.

(Para 31)

C. Indian Penal Code, 1860 (45 of 1860), Section 186 – Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 195 -- Obstruction in discharge of official duties – Non-cognizable offence – Procedure of -- Cognizance of offence u/s 186 IPC was taken on a police report in breach of Section 195 Cr.PC -- Section 195, inter alia, provides no court shall take cognizance of offence u/s 186 save and except on a complaint in writing by the aggrieved public servant or his superior -- Cognizance taken of the offence u/s 186 on a police report/chargesheet is impermissible in law.

(Para 32)

Indian Penal Code, 1860 (45 of 1860), Section 307, 324 – Constitution of India, Article 142 -- Attempt to murder – Compromise quashing of criminal proceedings – Offence under other sections 323, 504, 427, 447 and 506 of the IPC are compoundable as per Section 320 of the CrPC -- In exercise of powers under Article 142 of the Constitution of India, the offences alleged against the appellant u/s 307 and 324 IPC shall also be quashed as the other offences alleged against the appellant are compoundable u/s 320 of the CrPC – Criminal proceedings quashed.

(Para 5-10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Petition for quashing of complaint – Reasoned order – Requirement of – Duty of High Court -- If the Division Bench of the High Court was not inclined to even issue notice to the respondents, then reasons ought to have been assigned for that purpose, or in the alternative, notice should have been issued to the respondents and after giving a fair opportunity to both sides, dismissed the complaint on merits – In the absence of any of the aforesaid options, impugned order is in violation of the principles of natural justice -- Matter remanded back to High Court with a request to dispose the same on its own merits and in accordance with law.

(Para 6, 7)

A. Prevention of Corruption Act, 1988 (49 of 1988), Section 13(1)(d)(ii) -- Indian Penal Code, 1860 (45 of 1860), Section 120-B -- Corruption case -- In a case of alleged criminal conspiracy, the prosecution is duty bound to prove by cogent, credible, and admissible evidence that the accused persons had a meeting of minds and participated in a common design.

(Para 14)

B. Prevention of Corruption Act, 1988 (49 of 1988), Section 13(1)(d)(ii), 20 -- Corruption case – Demand and acceptance of bribe -- In the absence of demand and acceptance, the presumption u/s 20 of the P.C. Act does not arise and conviction cannot be thus sustained.

(Para 18)

C. Prevention of Corruption Act, 1988 (49 of 1988), Section 13(1)(d)(ii), 20 -- Indian Penal Code, 1860 (45 of 1860), Section 120-B – Corruption case – Conspiracy – Presumption – Reversal of burden -- Tehsildar, who employed co-accused BK and was shown to be one of the primary beneficiaries, was not accorded sanction and therefore, did not face trial -- Appellants, despite not being shown to be actual beneficiaries or participants, were convicted on a generalized theory of “connivance” – Held, mere association or presence of a person in a place where a crime is committed does not ipso facto establish participation or conspiracy -- Reversal of burden, in a trial u/s 13(1)(d)(ii) of the P.C. Act and Section 120-B of the IPC, where prosecution has not discharged its primary burden is certainly not permissible in law – Appellant acquitted.

(Para 18-20)

Indian Penal Code, 1860 (45 of 1860), Section 406, 420 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Criminal breach of trust – Cheating – Civil dispute -- Quashing of FIR -- As per the FIR, the goods were to be exported out of India -- Respondent no. 2, since did not possess an import/export license, the appellant had asked respondent no. 2 to export the goods through M/s. Oswal Overseas -- Respondent no. 2 has in all exported sarees worth Rs. 34,71,344/- -- U/s 482 of the Code, Court will examine the crux of the complaint -- Question is whether such non-payment of the sale price can be an offence of criminal breach of trust and cheating at the hands of the second respondent -- Answer is clearly no -- Continuation of the FIR against the appellant is an abuse of the process of law, and at best, the non-payment of the sale price could be a civil dispute – Appeal allowed, FIR quashed.

(Para 12-17)

Indian Penal Code, 1860 (45 of 1860), Section 407, 420 – Cheating – Sentence of imprisonment reduced -- Appellant is a 71-year-old individual who is afflicted with various age-related ailments -- Medical documentation further reveals that the Appellant is a diabetic person and has a history of having suffered three heart attacks -- That apart, the incident is of the year 1994 i.e. more than 30 years old causing mental trauma and agony as faced by the Appellant -- All these factors in the facts and circumstances of this case persuade Court to take a lenient view -- Sentences imposed u/s 407 and 420 of IPC reduced to 2 years and 6 months of rigorous imprisonment from 5 years with fine and default punishment unchanged.

(Para 29, 30)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 18 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 415 -- NDPS case – Appeal from conviction – Sentence reduced -- Recovery of 500 grams of opium -- Appellant convicted for having in possession of contraband, attracting the offence for which no minimum punishment has been prescribed -- Appellant has already undergone actual sentence of 01 year 08 months and 12 days -- FIR was lodged on 30.04.2019 and the appellant has been suffering the agony of trial for last about 06 years and desires to live a peaceful life – Sentence reduced to already undergone.

(Para 8-10)

Indian Penal Code, 1860 (45 of 1860), Section 279, 304A -- Death by rash and negligent driving – Acquittal -- PW.1/ complainant deposed the driver of the car was speeding, however, nowhere stated that the accused’s driving involved traces of rash and negligent disposition -- Accident occurred on the left side of the road and the car in question was found on the right direction almost left side of the road -- Deceased was inebriated and under the influence of alcohol when he rode the motorbike -- Mere driving of vehicle in high speed neither amounts to negligence nor rashness in itself -- Degree of negligence of the accused cannot be ascertained on applying the ‘Principle of Foreseeability and Proximity’ since the accused was driving his vehicle in right direction – Conviction order set aside.

(Para 15-20)

A. Indian Penal Code, 1860 (45 of 1860), Section 376, 323, 504, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape – Refusal to marry – Quashing of FIR -- Relationship was not merely of knowing each other but of living together as a couple under one roof in a rented accommodation -- FIR does not allege that physical relationship was established only because there was a promise of marriage -- Besides, physical relationship continued for over two years without a complaint in between -- A presumption would arise of there being a valid consent – In a long drawn live-in relationship, occasions may arise where parties in that relationship express their desire or wish to formalize the same by a seal of marriage, but that expression of desire, or wish, by itself would not be indicative of relationship being a consequence of that expression of desire or wish – On ground of refusal to marry, the appellant cannot be subjected to prosecution for the offence of rape -- First information report and the consequential proceedings quashed.

(Para 10-18)

B. Indian Penal Code, 1860 (45 of 1860), Section 376 -- Rape -- Promise to marry – Intention -- To establish a false promise, it would have to be demonstrated that the maker of the promise had no intention of upholding his word at the time of making the promise.

(Para 11)

A. Indian Penal Code, 1860 (45 of 1860), Section 379A, 34 -- Mobile snatching case – Acquittal -- Delay of 5 days in FIR – Non providing of ownership of mobile -- Appellants were not named in the FIR – No Test identification parade/ TIP – If no test identification parade is held, then it will be totally unsafe to rely upon the bare testimony regarding the identification of an accused for the first time in the Court -- Small recovery of sums of Rs.1600/- and Rs.1400/- -- Inordinate and unexplained delay in reporting the matter to the police -- Recovery of money is not sufficient to prove the allegations of snatching -- Held, the trial Court had committed a grave error in convicting the appellants-accused – Conviction and sentence u/s 379-A read with Section 34 of IPC set aside.

(Para 11-21)

B. Indian Penal Code, 1860 (45 of 1860), Section 379A, 34 -- Mobile snatching case -- Identity of snatchers – Proof of -- PW-2, stated that accused present in the Court were the persons who had snatched his mobile phone, but he had not given details of physical description of the snatchers like their complexion, height or features or about the clothing as worn by them in the complaint -- Occurrence took place at 11 PM and it was dark at the time -- It was not explained by this witness as to what was the basis on which he could identify the accused persons -- Possibility of this witness having seen the miscreants and identifying them in dark seems very remote -- Identification of the accused persons not established beyond doubt and this fact has created a serious dent in the story of the prosecution with regard to the involvement of the accused in the subject crime.

(Para 17)

C. Indian Penal Code, 1860 (45 of 1860), Section 379A, 34 -- Mobile snatching case – Recovery of small amount – Identity of currency notes -- Recovery of sums of Rs.1600/- and Rs.1400/- at instance of accused --  Not proved to be having any specific identification mark -- Small amount could easily be planted -- Alleged recovery was effected on 28.07.2020 whereas the occurrence had taken place on 09.07.2019 -- It does not appeal to reason that the appellants would keep such small amounts of money for such a long time with them fully knowing that the same being incriminating piece of evidence could be used against them for proving commission of the subject crime -- Such like currency notes could be easily available in market -- Recovery of money at the instance of the accused could not be considered to be a circumstance sufficient to prove that the appellants had snatched any mobile phone.

(Para 18, 19)

Indian Penal Code, 1860 (45 of 1860), Section 500, 34 – Constitution of India, Article 19(1)(a)(b)(c) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Quashing of defamation complaint – Appellant-homebuyers, dissatisfied with the services provided by developer, erected a banner detailing their grievances -- Peaceful and orderly protest made without using offensive or abusive language -- It could not be said that the appellants transgressed into the offending zone -- Their case wholly falls within the sweep, scope and ambit of exception 9 to Section 499 -- Their peaceful protest is protected by Article 19(1)(a) (b) and (c) of the Constitution of India -- Criminal proceedings levelled against them, if allowed to continue, will be a clear abuse of process -- Complaint along with the order issuing summons to the appellants u/s 500 read with Section 34 of the IPC quashed and set aside.

(Para 30-35)

Indian Penal Code, 1860 (45 of 1860), Section 420 – Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Conviction in cheque bounce complaints – FIR u/s 420 IPC by accused against complainant party – Quashing of FIR – Finding recorded by the jurisdictional criminal court in 138 NI Act proceedings between the parties would be binding to both the parties in any subsequent proceedings involving the same issue – Respondent cannot maintain a prosecution on the basis of allegations which were precisely his defence in the earlier proceedings wherein he was an accused -- Criminal proceedings deserve to be quashed on this ground alone -- Impugned criminal proceedings instituted against the appellant for offences u/s 420 of the IPC, quashed.

(Para 12, 20-25)

Prevention of Damage to Public Property Act, 1984 (3 of 1984), Section 3, 5 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Damages to public property – Encroachment over Gram Panchayat land – Adjudication of rights -- Necessity of -- Quashing of criminal proceedings -- As far as criminal proceeding for illegal encroachment, damage or trespass over the land belonging to Gram Sabha is concerned, the same can be undertaken but it would be subject to the adjudication of rights of the parties over the land in dispute as the said determination can be done only by the revenue court -- Continuation of criminal proceedings, being an abuse of process of the Court, ends of the justice requires that the said proceedings be quashed -- Entire proceedings of the Criminal Case quashed.

(Para 7-9)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 5(j) (ii), 6 – Indian Penal Code, 1860 (45 of 1860), Section 376 -- POCSO – Rape – Compromise quashing of FIR -- Parties have settled the dispute amicably and have also verified the contents of the compromise -- Cognizance/ summoning order, charge-sheet as well as the entire proceedings quashed.

(Para 1-4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 319, 482 – Indian Penal Code, 1860 (45 of 1860), Section 498-A, 323, 504, 506 – Dowry case -- Summoning of additional accused – Quashing of -- Acquittal of main accused – Effect of -- If main accused are acquitted, no criminal proceedings can be sustained against other co-accused on the same set of witnesses – Whenever, there is no prospect of the case ending in conviction valuable time of the Court should not be wasted -- Criminal proceedings cannot be permitted to continue – Petition allowed, summoning the accused u/s 319 Cr.P.C. for facing trial quashed.

(Para 8-10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 386, 120B – Acquittal of main accused – Trial of co-accused u/s 120B IPC -- Quashing of -- Main accused persons acquitted of the charges levelled against them u/s 386 and 120B IPC -- Applicant charge-sheeted only for the offence u/s 120B IPC for the same incident -- No fruitful purpose would be served, if the trial is proceeded against the present applicant -- Petition allowed -- Summoning order as well as the entire proceedings quashed.

(Para 5-7)

Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (28 of 1988), Section 8, 9 (As amended in 2012) – Minimum sentence prescribed – Effect of -- Section 9 does not prescribe a minimum sentence for the offence punishable under it -- By amendment minimum sentence made 2 years -- Amendment came into effect on 1st October 2012, whereas the offence was committed on 17th June 2010 and the order of sentence was issued on 11/13th November 2010 -- Said amendment would not be applicable -- Appellant has already been granted remission for the main offence u/s 302 IPC -- However, following the date of remission, the appellant has undergone an additional incarceration of approximately 10 months -- Sentence already undergone would subserve the ends of justice for the offence punishable under the Prisoners Act, 1988.

(Para 10-14)

Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 190, 482 -- Indian Penal Code, 1860 (45 of 1860), Section 457, 427, 323, 504, 506, 448, 511, 120B -- Cognizance by court -- Summoning order in printed form – Effect of -- Summoning order passed in a printed proforma by filing up the blanks reveals that the Trial Court has not applied its judicial mind and in a very cursory manner the Trial Court took cognizance -- Summoning order is cryptic -- Cognizance/ summoning order quashed, Trial Court directed to exercise discretionary power and decide afresh while taking cognizance on the charge sheet after taking into consideration the entire materials and pass appropriate order in accordance with law.

(Para 5-10)

Indian Penal Code, 1860 (45 of 1860), Section 376(2)(f), 417, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 227 – Rape – Promise to marry -- Discharge of accused -- Appellant and the Complainant came in contact in 2014, during the pendency of matrimonial disputes arising out of the Complainant’s marriage -- It is from day one, she had knowledge and was conscious of the fact, that the Appellant was in a subsisting marriage, though separated – Complainant was receiving financial help from the Appellant for herself and her son --  Complainant cannot plead ‘misconception of fact’ or ‘rape on the false pretext to marry’ -- No evidence to conclude that there was any fraudulent or dishonest inducement – No criminal intimidation -- There is a growing tendency of resorting to initiation of criminal proceedings when relationships turn sour -- Every consensual relationship, where a possibility of marriage may exist, cannot be given a colour of a false pretext to marry, in the event of a fall out -- It is such lis that amounts to an abuse of process of law -- Court deemed fit to terminate the proceedings at the stage of charge itself – Appeal allowed.

(Para 14-22)

Indian Penal Code, 1860 (45 of 1860), Section 375,  376, 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 227 – Rape – Discharge of accused – Rape – Promise to marry -- Mere fact that physical relations were established pursuant to a promise to marry will not amount to a rape in every case -- An offence u/s 375 IPC could only be made out, if promise of marriage was made by the accused solely with a view to obtain consent for sexual relations without having any intent of fulfilling said promise from the very beginning, and that such false promise of marriage had a direct bearing on the prosecutrix giving her consent for sexual relations – Ingredients of offences u/s 375/ 506 IPC not established -- Trial Court discharged the accused – High Court in revision set aside the order of discharge has undertaken an exhaustive analysis of the allegations in the FIR, and the Charge-sheet, while failing to consider that at the stage of framing of charges, the court must only adjudicate on the basis of material on record – Order of High Court set aside – Criminal proceedings terminated.

(Para 14-18)

Indian Penal Code, 1860 (45 of 1860), Section 302 – Indian Evidence Act, 1872 (1 of 1872), Section 11, 106 -- Murder of wife – Plea of alibi -- Circumstantial evidence -- Acquittal of husband by Trial court -- High Court emphasized that the accused and the deceased were living together and hence, the accused should have an explanation regarding the death of his wife u/s 106 of the Act, 1872 reversed the acquittal without anything other than a finding on alibi having not been proved -- The alibi being a possible and probable explanation, the accused cannot also be found to be in the teeth of Section 106 of the Evidence Act -- Not enough material to upset the order of acquittal of the Trial Court, especially when there was also no evidence led regarding the death being a result of homicide -- No circumstance leading to the guilt of the accused -- Order of the High Court set aside -- Order of acquittal of the Trial Court restored.

(Para 5, 6, 9, 10, 12-14)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Prevention of Corruption Act, 2006 (13 of 2006), Section 5(2) – Indian Penal Code, 1860 (45 of 1860), Section 120B – Jammu and Kashmir Agrarian Reforms Act, 1976 (17 of 1976), Section 28A – Land acquisition – Corruption – Conspiracy – Quashing of FIR by High Court – Challenge to – Respondent/ Managing Director of the Cooperative Society obtained the lands after verification of the rights on the land from the Collector of the District – Acquisition was for a purpose of developing the land; which has already been completed and allottees of such lands have raised a residential colony in the location – No action u/s 28-A has been taken by the State to repossess the lands – No allegation against the respondent but for a bland allegation of connivance with the officers of the State – No personal benefit even alleged to have accrued to the party respondent – No reason to interfere with the well-reasoned order of the learned Single Judge of the High Court – Special Leave Petition dismissed.

(Para 1, 2, 8)

Indian Penal Code, 1860 (45 of 1860), Section 302 – Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Criminal Law – Murder – Circumstantial Evidence – Acquittal – Last seen theory -- Prosecution relied on last seen evidence, extra-judicial confessions, and circumstantial evidence including recovery of articles and fingerprints –PW-2 (alleged eyewitness) and PW-12 (last seen witness) disbelieved due to delayed statements – Extra judicial confessional statements disbelieved by High court – Recovery of slippers and a wheel spanner with alleged fingerprints of the accused was held insufficient to establish guilt in absence of a complete and credible chain of circumstantial evidence – Benefit of doubt extended to appellant – Conviction u/s 302 IPC set aside, holding prosecution failed to establish a complete chain of circumstantial evidence.

(Para 6, 7, 19-25)

Indian Penal Code, 1860 (45 of 1860), Section 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheating – Quashing of FIR -- Mere breach of promise to repay per se does not infer dishonest intention -- Appellant had clarified he had suffered continuous business setbacks -- Due to losses, he was unable to pay the 2nd non-applicant -- He had sold the coal to a brick manufacturer and suffered losses thereto -- Failure to pay due to unfortunate business losses cannot be clothed with culpability and the process of criminal law utilized to recover outstanding dues -- Proceeding arising out of FIR quashed.

(Para 17-23)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape – Promise to marry – Quashing of FIR -- Promise if any was after the first physical intercourse and even later the allegation was forceful intercourse without any consent -- Allegation of threat and coercion against the victim, to have sexual intercourse with the accused, which even as per the victim’s statement was repeated thrice in the same manner, when she willingly accompanied the accused to a hotel room -- High Court should have interfered u/s 482 of the Cr.P.C -- These proceedings cannot go on -- Proceedings quashed.

(Para 8-13)

A. Indian Evidence Act, 1872 (1 of 1872), Section 118 -- Interested witness -- First cousin’s witness -- It is settled position of law that merely because the witnesses are relatives of the deceased and as such are interested witnesses, that alone cannot be a ground to discard their testimony -- The only requirement is that the testimony of such witnesses has to be scrutinized with greater caution and circumspection.

(Para 9)

B. Indian Penal Code, 1860 (45 of 1860), Section 300 Exception IV, 302, 304, Part 1 -- Murder -- Culpable homicide not amounting to murder -- Place of incident is near the house of accused persons -- Possibility of a quarrel taking place on account of previous enmity between the accused persons and the deceased; and in a sudden fight in the heat of the moment, the appellant along with the co-accused assaulting the deceased cannot be ruled out -- Weapons used are a stick and the blunt side of the axe, these tools are easily available in any agricultural field -- It therefore cannot be said that there was any premeditation -- Case would not fall under the ambit of Section 302 of IPC and the appellant would be entitled to benefit of Exception IV of Section 300 of IPC -- Appellant has already undergone the sentence of 6 years 10 months – Appellant sentenced to the period already undergone.

(Para 12-15)

Indian Penal Code, 1860 (45 of 1860), Section 143, 147, 153 (A), 295, 436, 332 -- Unlawful assembly -- Rioting – Bystander -- Appellants were residents of the same village where riots broke out, therefore their presence at the spot is natural and by itself not incriminating -- More so, because it is not the case of the prosecution that they came with arms or instruments of destruction -- In these circumstances, their presence at the spot could be that of an innocent bystander who had a right to move freely in absence of prohibitory orders -- In such a situation, to sustain their conviction, the prosecution ought to have led some reliable evidence to demonstrate that they were a part of the unlawful assembly and not just spectator -- Here no evidence has come on record to indicate that the appellants incited the mob, or they themselves acted in any manner indicative of them being a part of the unlawful assembly – Appellants’ arrest from the spot is not a guarantee of their culpability -- Mere presence of the appellants at the spot, or their arrest therefrom, was not sufficient to prove that they were a part of the unlawful assembly comprising of more than a thousand people – Appellants acquitted.

(Para 15-18)

Code of Criminal Procedure, 1973 (2 of 1974), Section 374, 378 – Appeal against conviction/ Acquittal -- Huge pendency of criminal appeals in High Courts – Preference of hearing -- Priority is usually given to the hearing of the appeals where the accused are in prison -- The appeals against conviction where the accused are on bail take a backseat -- However, a right balance has to be struck by taking up for hearing even some of the old criminal appeals against conviction where accused are on bail -- If the appeals against conviction where the accused are on bail and especially where a life sentence has been imposed are heard after a decade or more from its filing, if the appeal is dismissed, the question arises of sending the accused back to jail after a long period of more than a decade -- Therefore, it is desirable that certain categories of appeals against conviction where the accused are on bail should be given priority.

(Para 15)

Indian Penal Code, 1860 (45 of 1860), Section 191, 193 – Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 227, 229 – Maintenance proceedings -- Perjury – False affidavit in court – Burden of proof – Affidavit by wife that she is not gainfully employed -- Petitioner/ husband to prove that she was gainful employee refers to Annexures, however, they relates to the period commencing from 05.04.2013 to 17.05.2024, however, duly sworn affidavit was filed on 27.05.2024 -- No averment that as on the date of filing of the affidavit, respondent No.1/ wife was gainfully employed -- Her past employment would not come in the way of said affidavit -- Burden was on the petitioner to prove the said fact that on the date of giving of the affidavit, respondent No.1/ wife was a gainful employee which is not proved -- Petition dismissed.

(Para 4-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Quashing of FIR – Preliminary stage of investigation -- There is no absolute rule that even if the investigation is at a preliminary stage, the Court exercising jurisdiction u/s 482 of the Code of Criminal Procedure, 1973 cannot interfere.

(Para 4)

Prevention of Corruption Act, 1988 (49 of 1988), Section 7(2), 13(1)(d), 20 – Demand and acceptance – Presumption -- Prosecution failed to establish beyond all reasonable doubt, the demand of bribe and its acceptance, in a trap laid by the trap team of the ACB -- In that circumstance there is no question of a presumption u/s 20 arising in the case --  Conviction and sentence set aside.

(Para 16)