Indian Penal Code, 1860 (45 of 1860), Section 302, 304 Part II – Culpable homicide not amounting to murder -- Death of the deceased occurred on account of his chance intervention in the fight between the accused and PW-3 – No intention on the part of the accused to cause the offence as against the deceased -- Appellant must be given the benefit of conversion of the offence from 302 to 304 Part II – Appellant already in custody for over 14 years excluding the period of remission  -- Maximum punishment is only 10 years or with fine or with both -- Appellant ordered to be released.

(Para 6-9)

Indian Penal Code, 1860 (45 of 1860), Section 302, 304 Part II – Murder -- Culpable homicide not amounting to murder -- Offence and the death of the deceased occurred on account of his chance intervention in the fight between the accused and PW-3 – Court do not think that there was any intention on the part of the accused to cause the offence as against the deceased -- Appellant must be given the benefit of conversion of the offence from 302 to 304 Part II – Since, appellant has already undergone 14 years without remission, he must also be given the benefit of immediate release – Appeal allowed.

(Para 6-10)

Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), Section 33A, 49  -- Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), Section 33A, 43 – Indian Penal Code, 1860 (45 of 1860), Section 188 --  Code of Criminal Procedure, 1973 (2 of 1974), Section 2(d), 4(2), 482 -- Quashing of FIR -- Offence for Water and Air pollution and Section 188 of IPC – Criminal complaint – Section 33A of The Air (Prevention and Control of Pollution) Act, 1981, the provisions of Indian Penal Code are expressly excluded -- Statutory scheme under Act, 1974 and Act, 1981 provides that the prosecution under them can only be launched by way of a complaint case an FIR cannot be registered under the provisions of the same – Held, impugned FIR and all the subsequent proceedings arising therefrom are void ab initio and are liable to be quashed -- FIR quashed.

(Para 6-10)

A. Indian Penal Code, 1860 (45 of 1860), Section 376AB -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3/4, 5(d)/6, 42 -- Rape of minor girl aged 7 years – Sentence of punishment -- Appellant was aged 40 year at the time of offence -- High Court commuted Capital sentence to life sentence -- Court are also to take into account the present age of the petitioner and the fact that he has already undergone the incarceration – Life sentence modified to a fixed term of sentence of 30 years with fine of Rs.1 lac.

(Para 7, 16, 17)

B. Indian Penal Code, 1860 (45 of 1860), Section 363, 376 AB – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3/4, 5(d)/6, 42 -- Punishment for rape on woman under twelve years of age – Sentence for 30 years -- Fine for medical expenses -- When a sentence of imprisonment for a term not less than 20 years which may extend upto life imprisonment is imposed, the convict is also liable to suffer a sentence of fine which shall be just and reasonable to meet the medical expenses and rehabilitation of the victim which quantified as Rupees One Lakh and the same shall be paid to the victim with respect to the conviction u/s 363, IPC -- No separate sentence for the aforesaid offence under POCSO Act is to be imposed on the petitioner-convict.

(Para 11, 16, 17, 20)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Quashing of cheque bounce complaint – Drawer of cheque – Requirement of -- Proceeding in the complaint u/s 138 of the NI Act was quashed vis-à-vis respondent No. 2 on the ground that he was not the drawer of the cheque -- Above view of the High Court cannot be faulted qua the second respondent – Special Leave Petitions dismissed.

(Para 3, 4)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Quashing of conviction in cheque bounce complaint – Compounding of offence – Non-consent of complainant – Cheque amounting Rs.1,50,000/-, appellant deposited Rs.2,50,000/- with interest @ 6% p.a., further amount of Rs.1,00,000/- was deposited with the Trial Court as suggested by Court --  Respondent/ complainant ought to have come forward to compound the offence – Held, Court not appreciated the stand taken by the respondent, especially when the appellant has deposited a sum of Rs.2,00,000/- more than what was ordered to be paid by the Trial Court -- Conviction of the appellant quashed and set aside.

(Para 3-7)

A. Indian Penal Code, 1860 (45 of 1860), Section 498A, 325, 506 – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Summoning to husband, father-in-law, mother-in-law – Quashing of :

-- Complainant alleged that she was beaten up and a fracture was caused in her hand, no medical documents were produced by her either before the Magistrate or with the counter affidavit filed in this Court to support this contention.

-- Stated in the application u/s 156(3) Cr.P.C. that she was treated with great affection and respect by the grandfather of the applicant no.1 and her ill treatment and harassment started after his death, in the statement recorded u/s 200 Cr.P.C., the opposite party no.2/complainant stated that she was harassed for demanding dowry from the day following the date of her marriage.

-- At the same time, in the counter affidavit filed before this court, she stated that after the marriage, she had gone with her husband for honeymoon to Dubai and both of them had a very pleasant trip.

-- Complaint application u/s 156 (3) Cr.P.C filed after receipt of summon of the suit and after the suit filed under Section 12 of the Hindu Marriage Act and after the Family Court had granted last opportunity to the opposite party no.2 to file her written statement and even after the date of that last opportunity had expired.

The learned Magistrate erred in summoning the applicants to face the trial without there being any specific allegation of commission of any act by the applicant nos. 2 and 3 which may amount to an offence -- Moreover, there is absolutely no material to support the allegations against the applicant no. 1 – Summoning order/ complaint quashed.

(Para 19-33

B. Hindu Marriage Act, 1955 (25 of 1955), Section 9 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 156(3) -- Restitution of conjugal rights – Criminal proceedings – Opposite party no.2/ complainant/ wife filed the application u/s 156 (3) Cr.P.C. merely to put pressure on the applicants and other members of their family for restitution of her matrimonial relationship with the applicant no.1/ husband -- However, she had filed a suit u/s 9 of the Hindu Marriage Act with the same objective, which has been dismissed by the Family Court -- Criminal prosecution cannot be allowed to be misused for ulterior objective to put undue pressure on the husband, his family members and relatives for restitution of conjugal rights.

(Para 30)

Indian Penal Code, 1860 (45 of 1860), Section 420 – Cheating – Protracted trial – Sentence reduced to already undergone -- Criminal complaint filed in the year 1998, the petitioner is facing agony of a protracted trial, which has lasted for approximately 25 years -- Out of the total sentence of 3 years u/s 420 IPC, the petitioner has undergone actual sentence of 6 months and 7 days -- In the interest of justice sentence reduced to the period already undergone by petitioner -- Fine increased to Rs.10,000/- in default of fine rigorous imprisonment for one month.

(Para 13, 14)

A. Indian Penal Code, 1860 (45 of 1860), Section 406, 504, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 190, 200, 482 -- Criminal  breach of trust – Criminal intimidation – Quashing of complaint/ summoning order -- Commercial disputes over variation of rate cannot per se give rise to an offence u/s 405 of the 1860 Code without presence of any aggravating factor leading to the substantiation of its ingredients -- Dispute pertains to the revision of rate per unit in an ongoing commercial transaction -- A commercial dispute, which ought to have been resolved through the forum of Civil Court has been given criminal colour by lifting from the penal code certain words or phrases and implanting them in a criminal complaint – There is only reproduction of part of the statutory provision giving rise to the offence of criminal intimidation, this would constitute a mere bald allegation -- Criminal complaint and summoning order quashed.

(Para 19-21)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 190, 200 -- At the stage of issuing summons a magistrate only needs to be satisfied with a prima facie case for taking cognizance, the duty of the magistrate is also to be satisfied whether there is sufficient ground for proceeding.

(Para 18)

A. Indian Penal Code, 1860 (45 of 1860), Section 375, 376 – Rape – False promise to marry -- If the consent of the victim is based on misconception, such consent is immaterial as it is not a voluntary consent -- If it is established that from the inception, the consent by the victim is a result of a false promise to marry, there will be no consent, and in such a case, the offence of rape will be made out.

(Para 7)

B. Indian Penal Code, 1860 (45 of 1860), Section 376(2), 377, 504, 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape – False promise to marry – Quashing of charge-sheet -- Physical relationship started in 2012, though prosecutrix claimed that it was a forced relationship, she did not make any grievance about it till February 2018 -- In February 2013 and in December 2017, the prosecutrix was pregnant -- It is not the case of the prosecutrix that from February 2013 to December 2017, the appellant forced the second respondent to maintain the physical relationship -- In July 2017, there was an engagement ceremony between the appellant and the prosecutrix – Taking the prosecution case as correct, it is not possible to accept that the prosecutrix maintained a physical relationship only because the appellant had given a promise of marriage – Charge-sheet and further proceedings quashed.

(Para 9-15)

Indian Penal Code, 1860 (45 of 1860), Section 500 – Code of Criminal Procedure, 1973 (2 of 1974), Section 200, 202 -- Constitution of India, Article 19(1)(a) – Criminal defamation – News article – Freedom of speech -- News article published bearing a title “Advocate ne pan masala vyavasayi par karaya jhuta mamla darj” -- News article in question was published in good faith and in exercise of the Fundamental Right of Freedom of Speech and Expression enshrined under Article 19(1)(a) of the Constitution of India – All proceedings in pursuance of the complaint filed by the respondent-complainant u/s 500 of the IPC quashed.

(Para 2, 8-11)

A. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(xi) -- Offence under SC/ST Act – Intention -- Offence of outraging the modesty should be committed with the intention that the victim belonged to the Scheduled Caste category.

(Para 8)

B. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(xi) -- Offence under SC/ST Act – Prosecutrix/ complainant was engaged for doing household jobs in the house of the accused appellant who tried to outrage her modesty while the prosecutrix/ complainant was doing the household chores -- Offending act was not committed by the accused with the intention that he was doing so upon a person belonging to the Scheduled Caste – Appellant acquitted of the charge under Section 3(1)(xi) of the SC/ST Act.

(Para 9-11)

A. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(X) – Abuse to SC/ST community -- It is settled position of law that insulting or intimidating a person belonging to scheduled castes/ scheduled tribes will not by itself amount to an offence under the Act unless such insult or intimidation is on account of victim belonging to SC/ST community.

(Para 20)

A. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(X) -- Abuse to SC/ST -- Appeal against conviction -- Prosecution has not produced or proved scheduled caste certificate of complainant during the trial -- Evident from testimony of PW-1/ Complainant, that the appellant did not hurl any abuses to the complainant in the name of his caste – PW-2 and PW-3 stated that the appellant hurled abuses to the complainant by addressing him as “kuttia chuharia”, in their presence however, they nowhere stated that the complainant belongs to scheduled caste – PW-3 have dispute with appellant with regard to shamlat land and the panchayat was convened -- PW-2 stated that he also accompanied the complainant to police station to lodge complaint regarding incident in question and police recorded his statement but no such statement of PW-1 recorded by the police is available on the record -- No member of the gram panchayat was examined by the complainant/prosecution in order to prove the case -- Occurrence of 20.07.2000 and the complaint with regard to said incident was lodged by the complainant in the Court of Sub Divisional, Judicial Magistrate on 03.08.2000 -- In the absence of any independent corroboration, the benefit of aforesaid delay in lodging of the complaint goes in favour of the appellant – Appeal allowed, appellant acquitted.

(Para 21-25)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Acquittal in cheque bounce complaint – Demand notice – Trial court acquitted the accused -- Notice of demand given on behalf of the appellant/ complainant was not by the authorised person and, therefore, the necessary ingredients of Section 138 of the said act were not proved -- Basic ingredients that the cheque should have been drawn by the accused for discharge of any debt or liability, was also not proved by the appellant/ complainant -- High Court also, considering the said findings, dismissed the appeal – No illegality or infirmity or perversity – Appeal dismissed.

(Para 5-9)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 200 – Cheque bounce complaint – Quashing/ deletion of name of Director -- Complaint shows that the 2nd and the 5th accused had signed the cheque -- 2nd accused was one of the Directors and fifth accused was the authorized signatory of the company -- No allegation in the complaint that petitioner signed the cheque or had anything to do with the issuance of the cheque -- Petitioner is roped in only because she is a Director in the company on whose behalf, the cheque was issued -- Held, arraying of the petitioner as the 4th accused was un-justified -- Accordingly, her deletion from the proceedings ordered.

(Para 2-7)

A. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Indian Evidence Act, 1872 (1 of 1872), Section 32 – Murder – Acquittal -- Dying declaration -- There is no specific material piece of evidence to establish that the deceased was alive or in a position to speak when his brother & mother reached the spot -- Dying declaration cannot be ex facie accepted to be correct unless it stands corroborated by any other cogent evidence -- No material to corroborate the said dying declaration -- Conviction and sentence of the appellants set aside by granting the benefit of doubt – Appellants acquitted.

(Para 16-18)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 374 -- Appeal against conviction – Acquittal -- Where the evidence on record indicates the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and that a plausible view, different from the one expressed by the courts below can be taken, the appellate court should not shy away in giving the benefit of doubt to the accused persons.

(Para 17)

Indian Penal Code, 1860 (45 of 1860), Section 302, 34 – Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Murder – Acquittal -- Circumstantial evidence -- Deceased has suffered an incise wound which according to the doctor, who conducted the post-mortem, is caused by a sharp-edged weapon -- Prosecution has not recovered any sharp-edged weapon – FSL report states that the “pant” sent to them for examination was one dirty blue “terikot pant”, however, as per the recovery memo a “jeans pant” was recovered from the Appellant -- Nothing of these recoveries took place in the presence of an independent witness, the IO has admitted that he did not try to join any private person before carrying out the recoveries --  Evidence adduced gives rise to doubts, improbabilities and inconsistencies -- Prosecution has not established its case beyond reasonable doubt -- Appellant acquitted.

(Para 32)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Conviction in cheque bounce complaint – Settlement between parties – Quashing of proceedings – No one has put in appearance on behalf of the respondents, maybe for the reason that there has been a settlement -- Matter is pending since 2018 – Held, once the settlement has been arrived at and the complainant has signed the deed accepting a particular amount in full and final settlement of the default amount and the fine amount awarded by the Trial Court, the proceedings u/s 138 of the NI Act need to be quashed -- Appeal allowed and the proceedings u/s 138 of the NI Act, along with impugned orders passed, stand quashed.

(Para 1-5)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Constitution of India, Article 142 -- Conviction in cheque bounce complaint – Appeal dismissed   -- Matter was thereafter settled between the parties -- High Court rejected the application u/s 482 Cr.P.C. -- Held, since the matter has been amicably settled between the parties and since the original complainant himself is not interested in prosecuting the proceedings, it is a fit case for exercise of jurisdiction under Article 142 of the Constitution of India to give an end to the litigation between the parties -- Order of sentence and conviction set aside.

(Para 3-8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985),  Section 20 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 378 -- NDPS Case – Appeal against acquittal – Discrepancies in sample -- Investigating Officer had taken a homogeneous sample of 100 grams out of the entire bulk -- Two separate parcels of the sample and remaining bulk were prepared and sealed -- Parcel containing of 100 grams Charas (homogeneous sample) was never sent to SFSL, report Ext. PX verifies the fact that only one parcel containing 7.900 Kgs. of Charas was received in the Laboratory – Three seal impressions were broken and the fourth though partially broken was also not legible -- Doubts created in the prosecution story by the gaps found therein -- In appeal against acquittal the appellate court cannot substitute its view with the view taken by learned trial court unless such view is illegal and perverse -- No ground to interfere with the impugned judgment – Appeal dismissed.

(Para 16-25)

Jammu and Kashmir Public Safety Act, 1978 (VI of 1978), Section 8 – Constitution of India, Article 22(5) – Preventive detention – Dossier of detention – Non-supply of – Representation – Right of – Detenue has not been provided the Dossier and precluded from making an effective representation -- Failure on the part of detaining authority to supply the material to the detenu renders the detention order illegal and unsustainable -- Non-consideration of the representation amounts to non-compliance of Article 22(5) of the Constitution -- Petition allowed, impugned detention order quashed -- Respondents directed to release the detenu, if he is not required in any other case.

(Para 5-7)

Jammu and Kashmir State Ranbir Penal Code, Section 306, 498A – Abetment of suicide – Cruelty against wife – Appeal against acquittal -- SHO without conducting proceedings u/s 174 Cr.P.C registered the FIR – Statement of the mother of the deceased was recorded u/s 164-A Cr.P.C. after 55 days of the occurrence, whereas the statements of other witnesses were recorded after more than 10 days of the occurrence -- From the evidence, it is clear that some witnesses have made improvements in their statements from their statements recorded during the course of investigation -- Some witnesses have categorically stated that the accused never demanded any dowry in their presence -- Benefit is required to be given to the accused/respondents – In the acquittal appeal, simply because the other view is also possible on the same set of evidence, the judgment of acquittal cannot be reversed -- Acquittal order upheld.

(Para 17-23)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20, 53A(2) – NDPS Case – Acquittal – Seal used in another FIR -- Whereas case seal ‘DJ’ was not in possession of police but was stated to have been handed over to independent witness PW-4  -- Ld. Special Judge has rightly concluded that seal impression ‘DJ’ never changed hands and it had not been handed over to witness after its use -- Once that be so, the entire case of the prosecution becomes suspect and obviously the respondent has to be given the benefit of doubt as has been given by the learned Special Judge – Acquittal order upheld.

(Para 24, 31-34)

Indian Penal Code, 1860 (45 of 1860), Section 498A, 323, 504, 506, 406 – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 5 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 244, 245 – Discharge of accused -- Omnibus and general allegations against married sisters-in-law residing at distant places married prior to the marriage in question -- Complainant has stated in her evidence that her sisters-in-law are greedy people and used to visit her matrimonial home and gave her beating, and all the accused persons got her pregnancy aborted, but there is no medical evidence in support of this version -- Court below, while dismissing the discharge application has failed to notice the role of the revisionists and the probability of their false implication -- They are not supposed to be beneficiary of any demand of dowry made by co-accused persons – Revision partly allowed, ld. Magistrate directed to consider the prayer for discharge made by present revisionists a fresh in accordance with law after giving opportunity of hearing to both the sides. Kahkashan Kausar @ Sonam’s case AIR 2022 SC 820 relied.

(Para 11-21)

Code of Criminal Procedure, 1973 (2 of 1974), Section 377 – Appeal against sentence – Scope of -- Acquittal from serious offence – Conviction in lesser offence -- When a person is charged with a graver offence but is convicted of the lesser offences, the same amounts to the acquittal of the serious offence and it is not permissible for the High Court to convert the lesser offence into serious offence in an appeal for enhancement of sentence --  High Court can only enhance the sentence provided for the lesser offence of which the person was found guilty.

(Para 11)

Indian Penal Code, 1860 (45 of 1860), Section 302 – Acquittal -- Appellant/ complainant happened to be the sole eyewitness but he had neither seen anyone killing his son nor he had deposed that he had seen anyone burning the victim -- He has not deposed anything as to why he had not tried to intervene and save his son from assault or stop the accused persons from taking him away in the car -- He himself had not received any injuries – Appellant/ complainant stated in the FIR that the accused assaulted his son with a knife and iron rod -- He didn’t mention about the use of a pistol by the accused -- However, the police have recovered empty cartridge -- Cause of death as per postmortem is also firing from close range --  Presence of the appellant/ complainant even during the incident appears to be doubtful – Acquittal, upheld.

(Para 8-14)

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 -- NDPS Case – Appeal against acquittal -- Recovery of 15 Kg 600 grams of poppy straw – Independent witness -- Material contradictions in the statements of the police officials regarding setting up of ‘naka’, chasing of the vehicle of the respondents and arrest -- These contradictions assume greater importance and significance when no independent witnesses, though available, have been associated at the time of the alleged recovery -- Appeal dismissed.

(Para 26-29, 37)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 -- NDPS Case – Appeal against acquittal -- Recovery of 15 Kg 600 grams of poppy straw – Accused fled away -- If the respondents had fled away from the spot where ‘naka’ had been laid, then Court see no reason why the police party should not have chased the vehicle of the respondents till the time they were not actually apprehended and why the police party simply stopped, where respondent No.2 is alleged to have thrown jute sack containing poppy straw -- Every reasonable police personnel would have continued chasing the respondents until apprehended – It makes the entire prosecution case unreliable and highly doubtful -- Appeal dismissed.

(Para 29, 37)

C. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 -- NDPS Case – Appeal against acquittal -- Recovery of 15 Kg 600 grams of poppy straw – Facsimile of seal -- Exhibit PX is the report of the Laboratory wherein it is mentioned that the seals on the gunny bag parcel were tallied with the seal impression sent by the SHO on form NCB-1 i.e. Ext. PW16/A -- However, a perusal of Ext. PW16/A shows that facsimile of seal ‘A’ affixed on this form is not at all clear or legible -- This assumes importance because it has not at all been mentioned in the report that the seals on the gunny bag were compared with the sample seals or the sample seals were deposited in the laboratory along with the case property – Ld. Special Judge rightly observed, it cannot be said with certainty that the case property which was examined in the laboratory was the same which was allegedly recovered from the respondents -- Appeal dismissed.

(Para 32-34, 37)

D. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 -- NDPS Case – Appeal against acquittal -- Recovery of 15 Kg 600 grams of poppy straw – Non-examination of car -- Specific case of the prosecution that some dust of ‘Chura Post’ was lying on the rear seat of the car which car was then taken possession of by the police -- If that be so, then why photographs of the ‘Chura Post’ that was stated to be lying on the rear seat of the car were not taken and, above all, why the so-called dust of ‘Chura Post’ was not sent for chemical analysis, is not at all forthcoming – Held, there is no material on record which may remotely suggest that the respondents had kept the jute bag containing ‘Chura Post’ on the backseat of the car and thereafter had thrown the same, as alleged by the prosecution – Appeal dismissed.

(Para 35-37)

A. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Cheque bounce case  -- Demand Notice -- If in a notice while giving the break-up of the claim the cheque amount interest, damages, etc. are separately specified and these additional claims would be severable, such demand would not invalidate the notice -- In a notice of demand made under the N.I. Act demand shall not be omnibus, there must be a clear demand for the cheque amount lest notice will be invalid.

(Para 6)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Cheque bounce case  -- Invalid Demand Notice – Quashing of summoning order -- Omnibus demand for Rs.6,50,000/- was made in addition to the demand for interest @12 per annum since the date of returning of the cheque, Rs.50,000/- towards damages and Rs.5,500/- as notice charge -- Demand is omnibus as relates the amount of Rs.6,50,000/-, it is not the cheque amount – Notice of demand is invalid – Summoning order quashed.

(Para 8)

A. Indian Penal Code, 1860 (45 of 1860), Section 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 378 -- Abetment of suicide -- Two suicide notes -- Suicide notes recovered from the person of the deceased mentions that he had loaned Rs. 3,00,000/- to the respondent-accused seven months ago and since he was demanding his money back, she had been blackmailing him -- Different pens and inks were used in writing the suicide notes -- There is no proximity between the alleged act of the accused-respondent and suicide of the deceased – Acquittal order upheld.

(Para 7-16)

B. Indian Penal Code, 1860 (45 of 1860), Section 306 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 378 -- Abetment of suicide -- Appeal against acquittal -- Power of the Appellate Court to unsettle the order of acquittal on the basis of re-appreciation of the evidence is subject to the settled law that where two views are possible and out of the two, one points towards the innocence of the accused, the view which favours the accused should prevail over the other pointing towards his guilt – No perversity or illegality pointed out – Appeal dismissed.

(Para 14-16)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Indian Penal Code, 1860 (45 of 1860), Section 174A – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 -- Cheque bounce complaint – Proclaimed person – Quashing of FIR u/s 174A IPC -- Proceedings under the Negotiable Instruments Act have culminated in a settlement with the withdrawal of the complaint – Order declaring the petitioner proclaimed person and the order for registration of FIR u/s 174-A IPC quashed.

(Para 9-13)

A. Disaster Management Act, 2005 (53 of 2005), Section 22 – Indian Penal Code, 1860 (45 of 1860), Section 188 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Covid-19 proclamation – Non-wearing of mask -- When the proclamation was in force, the petitioner was noticed on a public street in the morning at 6.30 am, and when the police officials asked him to wear a mask, he did not cooperate and argued with the police -- It is not alleged that the petitioner was in somebody else's company -- Petitioner was walking alone, so even if he was not wearing a mask, he did not commit any offence that would violate Section 188 IPC – FIR quashed.

(Para 9-12)

B. Disaster Management Act, 2005 (53 of 2005), Section 22 – Indian Penal Code, 1860 (45 of 1860), Section 188 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Covid-19 proclamation – Non-wearing of mask -- It is not the complainant’s case that the petitioner in any manner was instrumental in causing any injury, that is, by spreading the Covid 19 -- Further there is no evidence like medical record that he was tested for Covid or had any visible symptoms thereof -- Thus, in the absence of any harm or obstruction caused to anybody, not wearing of mask would not tantamount to violation of Section 188 IPC -- FIR quashed.

(Para 12)

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 -- NDPS Case -- Independent witness -- Association of independent witness is not the requirement of law -- Conviction can be recorded on the basis of statement of police witnesses only, provided their statements inspire confidence and are consistent with the hypothesis suggested against the accused.

(Para 22)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 -- NDPS Case – Acquittal -- Material contradictions in the statements of spot witnesses -- Statement of investigating officer, clearly appears that either he was not on the spot or he had manipulated the records with some ulterior motives -- His entire version is quite contrary to the prosecution story – A serious doubt has been created and it is cardinal principle of criminal jurisprudence that every doubt in prosecution story has to benefit the cause of accused -- In such circumstances the omission of the Investigating Officer to associate independent witness also assumes significance – Appellant acquitted.

(Para 29-35)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 – Code of Criminal Procedure, 1973 (2 of 1974), Section 320, 397, 401 -- Cheque bounce complaint -- Conviction by trial Court affirmed by Appellate Court – Acquittal on compromise --  Once a settlement is being effected, then in terms of Section 147 of the Negotiable Instruments Act and Section 320 Cr.P.C., the accused ought to be acquitted as the offence stands compounded -- Revision petition allowed and the judgment of Appellate Court and judgment of conviction and order of sentence passed by the learned Trial Court set aside -- Petitioner acquitted.

(Para 8-12)

A. Indian Penal Code, 1860 (45 of 1860), Section 107, 306 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Abetment to suicide – Quashing of summoning order -- Borrowing of Rs, 60,000/- -- Incident in shop of the first appellant threatening and assaulting complainant and her husband was on 15th June 2017 -- After that, notice u/s 138 of the Negotiable Instruments Act, 1881, was issued by “S” to the deceased on 27th June 2017 -- Suicide note was written three days after that, on 30th June 2017 -- Deceased committed suicide three days thereafter -- No allegation that any act was done by the appellants in the close proximity to the date of suicide -- By no stretch of the imagination, the alleged acts of the appellants can amount to instigation to commit suicide -- Offence punishable u/s 306 of IPC not made out -- Continuation of prosecution will be nothing but an abuse of the process of law -- Summoning order quashed.

(Para 8-13)

B. Indian Penal Code, 1860 (45 of 1860), Section 107 – Abetment to suicide -- Mens-rea – Instigation -- To attract the first clause, there must be instigation in some form on the part of the accused to cause the deceased to commit suicide --  Hence, the accused must have mens rea to instigate the deceased to commit suicide -- The act of instigation must be of such intensity that it is intended to push the deceased to such a position under which he or she has no choice but to commit suicide -- Such instigation must be in close proximity to the act of committing suicide.

(Para 9)

Indian Penal Code, 1860 (45 of 1860), Section 420 – Punjab Travel Professionals’ Regulation Act, 2012, Section 13 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Compromise quashing of FIR – Parties  have settled their dispute amicably -- No useful purpose would be served by keeping the proceedings alive -- It will be in the interest of justice, if the settlement reached between the parties is accepted -- FIR and all consequential proceedings arising therefrom quashed.

(Para 2, 7, 8)

Indian Penal Code, 1860 (45 of 1860), Section 386, 419, 420, 467, 468, 471, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 190, 482 – Quashing of FIR – After filing of the challan, charges have already been framed by the trial Court – Petitioner has already filed criminal complaint so as to put forth his stand – No justification for quashing of the FIR.

(Para 3, 4)

Indian Penal Code, 1860 (45 of 1860), Section 420, 120-B -- Essential Commodities Act, 1955 (10 of 1955), Section 3, 7 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Quashing of FIR/ Chargesheet -- Prosecution's case is that a hydrocarbon mixture was found in the seized tanker, which was being sold by the appellants, representing it to be petrol or diesel – Samples were sent more than two years back for testing, and  report has not yet received -- In the absence of the report, taking the charge sheet as it is, no material is placed on record to show that the liquid in the tanker was neither diesel nor petrol but a mixture of hydrocarbons -- Allegation of cheating is also made on the footing that thousands of customers were supplied with the said mixture instead of petrol or diesel -- It is too late for the State to file a report after a gap of more than two years -- Continuation of the prosecution will be an abuse of the process of law – FIR and the consequent charge sheet filed thereon are quashed and set aside.

(Para 6-9)

Indian Penal Code, 1860 (45 of 1860), Section 306, 323, 120-B, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Abetment to suicide – Compromise quashing of FIR -- Deceased himself had not left any suicide note alleging anything against the petitioner -- Cause of death was not of any injuries or any attributable act, rather, the same is stated to be by consuming of poison by the deceased -- Complaint by the father of the deceased only, who has already compromised the matter with the petitioner -- Offence u/s 306 IPC can be quashed on the basis of compromise – FIR and all consequential proceedings quashed qua the petitioners.

(Para 8-10)

Insecticides Act, 1968 (46 of 1968), Section 3(k)(i), 17, 18, 29, 33 -- Insecticides Rules, 1971, Rule 27(5) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 197, 468(2)(c), 470(3), 482 – Complaint under Insecticides Act -- Limitation – Cognizance of complaint -- Sanction Period consumed for obtaining the consent of the State Government to launch the prosecution is liable to be excluded while computing the limitation period -- If period of 5 months and 17 days is excluded for the purpose of computation of limitation, the complaint instituted after 5 years, 6 days from the date of commencement of limitation is beyond limitation period – Summoning order and all subsequent proceedings arising therefrom quashed for the reasons that complaint itself is not maintainable, being barred by limitation.

(Para 12-22)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 (X), (XIV), (XV) -- Indian Penal Code, 1860 (45 of 1860), Section 323, 504, 506 & 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Criminal intimidation -- Offence under SC/ ST Act – Compromise quashing of FIR -- No useful purpose would be served by keeping the proceedings alive -- It will be in the interest of justice, if the settlement reached between the parties is accepted – FIR and all consequential proceedings arising therefrom quashed.

(Para 7, 8)

Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Indian Penal Code, 1860 (45 of 1860), Section 307, 323, 148, 149, 325, 285 IPC -- Arms Act, 1959 (54 of 1959), Section 27 – Attempt to murder -- Summoning as additional accused -- No specific allegation by the complainant except deposing in the statement that the petitioner No.2 was also sitting in the car, which was being driven by some other person at the time of the incident – It would not satisfy the test laid down by the Hon'ble Supreme Court in Hardeep Singh's case 2014(1) R.C.R. (Criminal) 623 = (2014) Law Today Live Doc. Id. 14978 – Criteria for summoning a person as an additional accused to face the trial with other accused, is higher than the criteria required by the police to file a challan – Revision allowed --  Summoning order set aside.

(Para 8, 9)

A. Indian Evidence Act, 1872 (1 of 1872), Section 27 – Recovery during police custody – Admission of guilt -- Evidential value -- It is only the factum of recovery of the articles which can be taken into account and the statement made, if any, while getting the articles recovered which is to the effect of admission of guilt is to be discarded.

(Para 21)

B. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Indian Evidence Act, 1872 (1 of 1872), Section 27, 106 -- Murder – Circumstantial evidence – Knowledge of PW/ Lambardar is in the nature of hear-say evidence that he had actually overheard some persons naming appellant as the murderer -- PW-3 with whom extra-judicial confession made stepped into the witness box did not support the case of the prosecution and was declared hostile -- Recovery of the auto-rickshaw on its own cannot be said to be an incriminating piece of evidence – Nothing on record either to show that the blood stain found on the recovered ‘datar’ and on the cardigan were of the same blood group or that the same matched with the blood group of the deceased – Appellant acquitted.

(Para 21-25)

C. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Circumstantial evidence -- Law postulates two-fold requirements before reliance can be placed upon the same :

(i) Every link in the chain of the circumstances necessary to establish the guilt of the accused must be established by the prosecution beyond reasonable doubt.

(ii) All the circumstances must be consistent pointing only towards the guilt of the accused.

(Para 22)

Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994), Sections 4, 5(2) -- Indian Penal Code, 1860 (45 of 1860), Section 420, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 482 -- Determination of sex of the foetus – Quashing of FIR -- Cognizance on police report – Permissibility of -- A complaint has to be filed – Complaint has already been filed by the competent authority -- Police cannot register an independent FIR, on its own -- Police after registering FIR have presented the report u/s 173 Cr.P.C., directly to the Court --  FIR quashed, however, the material collected by the police during the investigation of the said FIR permitted to be used as evidence in the complaint case, subject to the proof of the same, in accordance with law.

(Para 7-9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 -- Proclaimed offender – Compromise quashing of FIR – Special Power of attorney -- A proclaimed offender cannot seek quashing of the FIR on the basis of a compromise, more so, when he is absconding in multiple cases pending against him -- He cannot short circuit the system by filing petitions through Powers of Attorney unless he was a minor, insane, suffering from disability or for certain compelling circumstances is unable to appear in person.

(Para 8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 52A, 53, 57 -- NDPS Case – Acquittal -- Sample of contraband/ narcotic substance – Presence/ Certification by Magistrate – Requirement of -- No evidence on record to the effect that the procedure prescribed under sub-sections (2), (3) and (4) of Section 52A of the NDPS Act was followed -- In the absence of any material on record to establish that the samples of the seized contraband were drawn in the presence of the Magistrate and that the inventory of the seized contraband was duly certified by the Magistrate, seized contraband and the samples drawn therefrom would not be a valid piece of primary evidence in the trial -- Trial as a whole stands vitiated – Held, failure of the concerned authorities to lead primary evidence vitiates the conviction – Conviction and sentence/ fine set aside – Appeal allowed.

(Para 12-19)

A. Punjab Pre-mature Release of Life Convicts Policy, 2011 -- Indian Penal Code, 1860 (45 of 1860), Section 302 – Murder -- Life sentence till death – Pre-mature release -- Order of the trial Court in sentencing the petitioner to undergo imprisonment for life, with a rider to extend to full life, is clearly in violation of the decision of Hon’ble Supreme Court in the case of V. Sriharan @ Murugan, 2016 (7) SCC 192 -- Such a sentence can be passed either by High Court or by Hon’ble Supreme Court only -- State authorities are not debarred from considering the case of the petitioner for premature release in the light of its policy dated 08.08.2011.

(Para 21-28)

B. Indian Penal Code, 1860 (45 of 1860), Section 302 – Code of Criminal Procedure, 1973 (2 of 1974), Section 426, 427 – Murder -- Life sentence – Subsequent sentence – Concurrent running of Sentence -- Petitioner is already undergoing life imprisonment, therefore, even if she has been convicted and sentenced subsequently, the subsequent sentence is to run concurrently with the earlier sentence of life imprisonment.

(Para 34-36)

C. Constitution of India, Article 161, 226, 227 -- Punjab Pre-mature Release of Life Convicts Policy, 2011 – Indian Penal Code, 1860 (45 of 1860), Section 302 – Code of Criminal Procedure, 1973 (2 of 1974), Section 374 -- Murder -- Life sentence till death by Trial Court – Appeal against conviction pending – Pre-mature release – Petitioner/ lady has already undergone 17 years 2 months and 20 days of actual sentence (Total sentence including remission 22 years 7 months) -- Conduct of the convict during the last five years is to be taken into account -- Jail offence was committed more than 9 years ago -- Conviction and jail offence in question cannot be the reason to withhold the case of the petitioner for premature release -- Respondent-authorities directed to consider the premature release case of the petitioner -- Till the decision is taken by the competent authority regarding premature release of the petitioner as per this order, she be released on interim bail on furnishing requisite bonds to the satisfaction of the ld. CJM concerned -- Order is subject to the final outcome of the Petitioner’s appeal.

(Para 19, 37-45)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheque bounce complaint – Directors of Company -- High Court quashed the criminal proceedings as against respondent nos. 2 and 3 on the ground that they were not the Directors of the Company in default, on the date when the cheques were issued for encashment – Submission that they were Directors of the Company on the date of issue of cheques and further that they had signed the cheques as authorised signatories of the Company not disputed – Trial Court to decide the pending trial expeditiously, preferably within a period of six months -- Impugned order passed by High Court set aside.

(Para 3-10)

A. Indian Penal Code, 1860 (45 of 1860), Section 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheating – Quashing of summoning order – Revenue entry for more share of land -- Sale-deed based upon expired GPA – Stay was in operation – Effect of -- Allegation that petitioner and her mother in collusion with the revenue officials illegally, despite having the knowledge that their entitlement was only to the extent of 1/5th share, had got their share entered to the extent of 1/4th and thereafter, taking benefit of the error in the entries in the Jamabandi had fraudulently alienated the land to the extent of 1/4th – Held, essential ingredient to attract the mischief of Section 420 of the IPC is clearly amiss -- Complainant has not parted with the property -- Sale of the land, during the time when the stay was in operation, would at best give rise to action for contempt of Court and similarly, registration of sale deed on the basis of expired GPA, would not attract the mischief of Section 420 of the IPC -- Summoning order u/s 420 of the IPC along with all consequential proceedings arising therefrom quashed qua the petitioners.

(Para 11-17)

B. Indian Penal Code, 1860 (45 of 1860), Section 420 – Cheating -- Essential ingredients to attract the mischief of Section 420 of the IPC are:

(i) the accused must have intentionally deceived someone;

(ii) by the said deception, the accused must have induced the person so deceived (a) to deliver any property (b) to make alter, or destroy the whole or part of the valuable security or anything which is signed or sealed and which is being capable of being converted into a valuable security;

(iii) the accused had dishonest intention at the inception.

(Para 13)

Indian Penal Code, 1860 (45 of 1860), Section 375 Exception 2, 294, 376(2)(n), 377, 498A, 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Rape/ Unnatural offence – Husband and wife – Second marriage without divorce -- Quashing of FIR -- As per the amended definition of section 375 (2013), if offender and victim are husband and wife then consent is immaterial and no offence u/s 375 is made out and as such there is no punishment u/s 376 of IPC -- There is repugnancy in the situation when everything is repealed u/s 375 then how offence u/s 377 would be attracted if it is committed between husband and wife.

-- Marriage was solemnized between petitioner and complainant as per Adivasi customs and approval to second marriage for tribes and considered its legal sanctity, the marriage of the petitioner even though divorce from first wife did not take place, cannot be considered to be illegal act on the part of the petitioner as also respondent No.2 has admitted that she is the wife of the petitioner.

-- Petitioner is not punitive for the offence punishable u/s 376(2)(n) and Section 377 of IPC -- For constituting offence u/s 498-A IPC, there is no allegation of any demand of dowry -- For other offences i.e. Sections 294 and 506 of IPC, no date, place and time has been disclosed and as such the complaint is a malicious prosecution as there was inter se dispute between husband and wife.

Petition allowed, FIR quashed.

(Para 11-22)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Indian Penal Code, 1860 (45 of 1860), Section 174A – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 -- Cheque bounce complaint – Proclaimed person – Quashing of FIR u/s 174A IPC -- Proceedings under the Negotiable Instruments Act have culminated in a settlement with the withdrawal of the complaint -- FIR and all other subsequent proceedings arising out of the FIR quashed.

(Para 9-13)