Indian Penal Code, 1860 (45 of 1860), Sections 325, 323/34, 452 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 397, 401 – Injury case -- Sentence reduced to already undergone -- Petitioner No.1 has already undergone 04 months and 23 days of actual sentence, and petitioner No.2 has undergone actual sentence of 07 months and 07 days out of 2 years – Petitioner No.1 is 57 years of age and petitioner No.2 is 33 years of age – FIR is of the year 2017 and the petitioners have suffered agony of trial for the last four years -- Petitioners never misused the concession of bail/parole nor were involved in any other case and they are also married and are bread-winners for their family -- Petitioners are also ready to compensate the complainant -- While maintaining the impugned judgment of conviction, the sentence awarded by the Courts below to the petitioners is reduced to the period already undergone by them -- Sentence of fine is enhanced from Rs.25,000/- each to Rs.55,000/- each.

(Para 7-11)

A. Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Test Identification parade/ TIP – Object of -- Purpose of holding a test identification parade during the stage of investigation is only to ensure that the investigating agency prima facie was proceeding in the right direction where the accused may be unknown or there was a fleeting glance of the accused.

(Para 9)

B. Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Indian Penal Code, 1860 (45 of 1860), Section 395, 397 – Dacoity case -- Test Identification parade/ TIP -- FIR was registered against unknown persons -- Case of the prosecution solely rests on identification in the TIP -- A test identification parade u/s 9 of the Evidence Act is not substantive evidence in a criminal prosecution but is only corroborative evidence -- Mere identification in the test identification parade cannot form the substantive basis for conviction unless there are other facts and circumstances corroborating the identification.

(Para 9)

C. Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Test Identification parade/ TIP – Onus to Prove -- Onus lies on the prosecution to establish that the TIP was held in accordance with law -- It is only after the prosecution prima facie establishes a valid TIP having been held, the question of considering any objection to the same arises -- If the prosecution has failed to establish that a TIP was properly held by examining the witnesses to the same, there is nothing for the accused to disprove.

(Para 10)

D. Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Indian Penal Code, 1860 (45 of 1860), Section 395, 397 – Dacoity case -- Test Identification parade/ TIP -- Magistrate conducted the TIP -- Magistrate has not been examined -- No explanation is forthcoming why the Magistrate was not examined -- Only evidence available is that of PW-4 the SHO that during the investigation the TIP was held in the District Jail and he identifies the proceedings in the Court -- Identification of the proceedings is irrelevant as he could not have been present during the TIP -- There cannot be repeated TIPs till such time that the prosecution is successful in obtaining identification of the accused -- PW-1 who is the mother of PW-2, and both of them are stated to have been present in the house when the occurrence took place, did not identify any of the appellants -- Identification by a minor boy and that too in the 3rd and 4th rounds insofar as the present appellants are concerned -- In the nature of the TIP held it is completely non est in the law and the benefit has to go to the accused.

(Para 11,12)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 42, 50, 67 -- NDPS case – Acquittal of accused in appeal – Investigaiton by Adhoc ASI -- Over-writing on consent Memo – Effect of -- Being not a substantive Assistant Sub Inspector, HC/EASI was an Ad hoc ASI and holding the substantive rank of a Head Constable -- As such, he was not competent to exercise the powers and perform the duties as specified in Sections 42 and 67 of the NDPS Act – Besides this, over-writing in the notice and consent memo u/s 50 NDPS Act, is sufficient to hold that thick clouds of suspicion are hovering over the case of the prosecution -- It is a cardinal principle of the criminal law that the prosecution has to prove the guilty of the accused beyond the shadow of a reasonable doubt, however, the prosecution has failed to do as such -- Appeal allowed; the impugned judgment of conviction and order of sentence passed by the trial Court set aside; and the accused-appellant is acquitted of the charge framed by giving the benefit of doubt.

(Para 13-18)

Indian Penal Code, 1860 (45 of 1860), Section 376 – Rape case – Quashing of FIR -- Respondent No.2 had lodged a complaint alleging, inter alia, that the appellant had committed an offence u/s 376 of the IPC -- Both the accused (appellant) and respondent No.2 were living together for a considerable while -- Complainant’s allegation is that the appellant duped her by misrepresenting to her that he is divorced -- Complainant, according to the accused, is not unmarried and her marriage subsists -- A child was born in the meanwhile as a consequence, a mediated settlement limited to the maintenance and upkeep of the child was arrived at by them -- Having regard to these facts and the submissions made on behalf of the complainant, who does not dispute that this may not be an appropriate case for pursuing the prosecution further -- Criminal proceedings must be quashed.

(Para 3-6)

A. Indian Evidence Act, 1872 (1 of 1872), Section 118 -- Child witness – Reliability of -- Criminal jurisprudence does not hold that the evidence of a child witness is unreliable and can be discarded -- A child who is aged about 11 to 12 years certainly has reasonably developed mental faculty to see, absorb and appreciate -- Evidence of a child witness alone can also form the basis for conviction -- Mere absence of any corroborative evidence in addition to that of the child witness by itself cannot alone discredit a child witness -- More so when he is the sole witness, a heightened level of scrutiny is called for.

(Para 7)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 313 – Statement u/s 313 Cr.P.C. – Value of -- Allegation that the appellant stuffed cloth in the mouth of the deceased was serious and specific against her – Held, in the absence of any question having been put to her in this regard u/s 313 Cr.P.C. the appellant has been seriously prejudiced in her defence -- Procedure u/s 313 CrPC is but a facet of the principles of natural justice giving an opportunity to an accused to present the defence -- Burden of proof on an accused in support of the defence taken u/s 313 CrPC is not beyond all reasonable doubt as it lies on the prosecution to prove the charge -- Accused has merely to create a doubt -- It will be for the prosecution then to establish beyond reasonable doubt that no benefit can flow from the same to the accused.

(Para 9, 10)

C. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 -- Indian Evidence Act, 1872 (1 of 1872), Section 118 – Dowry death/ Murder – Acquittal of Jethani -- PW-2/ Child witness was examined nearly one year after the occurrence -- Court has, therefore, to satisfy itself that all possibilities of tutoring or otherwise are ruled out and what was deposed was nothing but the truth -- According to PW-2, the appellant stuffed cloth in the mouth of the deceased, thereafter others tied her up and set her on fire leading to 95% burns -- He states that after the deceased had suffered burn injuries he had seen the entire scenario including the room where the burnt articles were kept including that he was a witness to his sister being put in a vehicle while being taken to the hospital -- He then states that the deceased in that condition was speaking -- At no stage has the witness deposed that the cloth was taken out from her mouth -- It stands to reason that if cloth was stuffed in the mouth of deceased she would have been unable to speak -- PW-8/ Doctor deposed that there was no cloth recovered from the mouth of the deceased -- He states that the mouth of the deceased was closed, the jaws were shut, no cloth was present in the mouth but burnt cloth was present on the whole body starting from the wrist -- More crucially he states that all the 32 teeth were intact – Blisters were present at various parts of the body but he does not talk about any blister being present in the mouth -- No injuries of any nature have been found inside the mouth neither has the cloth been found – Court not satisfied that the evidence of PW-2 attributing a specific role to the appellant is of such a sterling quality so as to inspire confidence in the court to base the conviction on the sole evidence of a child witness -- Appellant was a daughter-in-law like the deceased herself -- Nature of the evidence makes it highly unlikely that she would have engaged in such actions -- Benefit of doubt in the circumstances has to be given to the appellant.

(Para 7, 11-13)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 201 -- Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 120-B -- Locus-standi of complainant -- If a forgery had been done and mis-representation has been made, any person can set law in motion.

(Para 22)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 201 -- Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 120-B -- Representation of the People Act, 1951 (43 of 1951), Section 31 -- Summoning order – Challenge to -- Justice hurried is Justice buried -- It is the settled principle that the Magistrate could have always differed with police report, but once it had been approved by the Commissioner of Police, who had been directed by High Court to look into the same and it was on record and the record of the same could have been summoned from the office of the DCP -- Magistrate could not brushed aside and ignored the report, summoning order was passed on the same day the inquiry report (Ex.CW8/C) was exhibited when produced by the complainant -- Thus, the old adage came into play that is “Justice hurried is Justice buried” -- Summoning order is liable to be quashed on this ground.

(Para 26)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 201 – Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 120-B -- Representation of the People Act, 1951 (43 of 1951), Section 31 -- Forgery case -- Summoning order – Challenge to -- Basis for summoning was on the strength of photocopy of the documents -- Allegations of forgery would not be justified by the Trial Court in the absence of the originals as such and without an opinion of any expert evidence -- Mere the strength of the photocopies produced and in the absence of any sufficient evidence, summoning order on the said basis is not legally sustainable.

(Para 32-35)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 201 – Summoning of accused -- Criminal law should not be set into motion as a matter of course -- Magistrate is not a silent spectator at the time of recording of preliminary evidence and summoning the accused on the asking is not to be done unless there is cogent evidence and there is a applicability of mind.

(Para 35)

E. Code of Criminal Procedure, 1973 (2 of 1974), Section 197, 201 -- Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 120-B -- Representation of the People Act, 1951 (43 of 1951), Section 31 -- Forgery case -- Summoning of government employee as accused – Sanction of government – Requirement of -- Without the necessary sanction the Trial Court was not justified in summoning the said accused and he is entitled to the protection u/s 197 Cr.P.C. and there is a legal bar as such to initiate his summoning.

(Para 35-39)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 42, 43 – NDPS case – Non-compliance of Section 42 of NDPS Act – Acquittal of -- Recovery from Private Vehicle -- R.C. of the vehicle does not indicate it to be a Public Transport Vehicle -- Private vehicle would not come within the expression “public place” -- Admitted position that there was total non-compliance of the requirements of Section 42 of the NDPS Act -- Total non-compliance of Section 42 is impermissible –Appeal allowed, order of High Court set aside -- Appellants acquitted of the charge levelled against them.

(Para 12-15)

Indian Penal Code, 1860 (45 of 1860), Section 376 – Constitution of India, Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), 482 -- Rape case – Compromise quashing of FIR -- Appellant promised complainant that he will marry her, which promise was not kept by him resulting in FIR – Parties resolve their differences and eventually got married on 11.10.2014 – Both are enjoying happy married life, due to miscommunication FIR came to be registered, which issues/ misunderstanding have now fully resolved -- Basis of FIR does not survive, rather registering such FIR was an ill-advised – In the interest of justice, Court accede to the joint request of quashing of FIR – FIR be treated as effaced from the record in law.

(Para 4-9)

Indian Penal Code, 1860 (45 of 1860), Section 323, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Summoning of accused – Quashing of – Jurisdiction of -- Petitioners have only been summoned and they are yet to lead evidence in support of their innocence before the trial Court -- Thus, the summoning order cannot be quashed so as to scuttle the criminal proceedings, at the very initial stage of the trial, especially when the petitioners have failed to establish that the initiation of the criminal proceedings, is an abuse of process of law.

(Para 13)

A. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 18, 20 -- Domestic violence – Prima facie case -- Summoning of -- Section 18 of the 2005 Act stipulates for a protection order in favour of a woman -- Section 20 of the 2005 Act deals with the monetary relief to the aggrieved party and the same can be granted by a Court -- Before issuing notice, the learned Magistrate has to be prima facie satisfied that there have been instances of a domestic violence.

(Para 22)

B. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 18, 20 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Quashing of summoning order -- Abuse of process of law – Petitioners, mother-in-law aged 65 years is 40% disabled from eyes, and is suffering from old age ailments, father-in-law, aged 73 years, is a chronic kidney patient and has been on dialysis thrice a week and married sister-in-law is a Government Teacher and since her marriage in 2009, she has been residing in her matrimonial home and looking after her two minor children -- A pure matrimonial dispute between husband and wife, has been given a colour of the proceedings under the 2005 Act so as to rope in hapless parents-in-law and a married sister-in-law -- They have been roped in with an oblique motive to harass and mentally torture them -- Moreover, the allegations leveled in the complaint are vague, general and omnibus in nature -- Proceedings qua the petitioners, are nothing, but a clear abuse of process of law -- Summoning order and all consequential proceedings arising therefrom, are quashed, qua the petitioners.

(Para 33-36)

A. Indian Penal Code, 1860 (45 of 1860), Sections 302, 364A, 376, 216, 120B – Indian Evidence Act, 1872 (1 of 1872), Section 11, 106 -- Murder -- Rape -- Kidnapping -- Out of three eye-witnesses, two witnesses, turned hostile and did not support the case of the prosecution -- Both these witnesses are close relations of the victim and there is nothing on record to indicate that they were either put under any pressure or that there was any element of suspicion -- Both these witnesses were categorical that the persons who kidnapped the victim were not before the Court in the capacity as the accused – Third witness-informant, the father of the victim, reporting made by this witness, based on which the crime was registered neither shows that he was an eye-witness to the occurrence nor does it disclose that the identity of the accused who had kidnapped the victim was in any way known at the stage when the occurrence took place -- Thus, all three witnesses who were claimed to be the eye-witnesses to the occurrence and on whose testimonies, reliance was placed by the prosecution, are of no help.

(Para 20, 21)

B. Indian Penal Code, 1860 (45 of 1860), Sections 302, 364A, 376, 216, 120B – Indian Evidence Act, 1872 (1 of 1872), Section 11, 106 -- Murder -- Rape -- Kidnapping -- Circumstantial evidence – Though the post-mortem report discloses that the victim was sexually assaulted, the FSL Report on record does not establish any connection of the accused with the sexual assault on the deceased victim -- Dead body of the victim was found lying in an open field -- Record is again not clear as to when the present appellants were arrested and how and in what manner their disclosure statements led to the recovery of the dead body – There are of course circumstances like recovery of clothing apparel as well as tiffin box etc. belonging to the victim -- However, such recoveries by themselves, in the absence of any other material evidence on record pointing towards the guilt of the accused, cannot be termed sufficient to hold that the case was proved beyond reasonable doubt -- Not only those circumstances are not conclusive in nature but they also do not form a cogent and consistent chain so as to exclude every other hypothesis except the guilt of the appellants -- Held, prosecution has not been proved beyond reasonable doubt, and the appellants are entitled to the benefit of doubt -- Conviction and sentence set aside.

(Para 24-27)

Indian Penal Code, 1860 (45 of 1860), Section 346, 363, 366 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of FIR -- Kidnapping -- Respondent No. 2-complainant, has not appeared, despite service, it indicates that he has nothing to say in the case -- Since respondent No. 3 has performed marriage with the petitioner of her own will and has been residing happily with him at her matrimonial home, no useful purpose would be served in allowing the criminal proceedings to continue -- Petition allowed, FIR and all the consequential proceedings, arising therefrom, are quashed qua the petitioner.

(Para 15, 16)

Indian Penal Code, 1860 (45 of 1860), Section 153A, 505(1)(c) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Facebook post stating discrimination – Not a community hatred – Quashing of FIR -- Agony of the Appellant was directed against the apathy shown by the Chief Minister, the DGP and Dorbar Shnong of the area in not taking any action against the culprits who attacked the non-tribals youngsters -- Appellant referred to the attacks on non-tribals in 1979 --  At the most, the Facebook post can be understood to highlight the discrimination against non-tribals in the State -- However, the Appellant made it clear that criminal elements have no community and immediate action has to be taken against persons who had indulged in the brutal attack on non-tribal youngsters playing basketball – Held, there was no intention on the part of the Appellant to promote class/community hatred -- Offence u/s 153 A and 505 (1) (c) have not been made out – Appeal allowed, judgment of High Court set aside, FIR quashed.

(Para 13-16)

Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 -- Indian Penal Code, 1860 (45 of 1860), Section 174-A -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Cheque bounce case – Proclaimed person – FIR u/s 174-A IPC -- Impugned FIR is an outcome of the order declaring the petitioner as a proclaimed person in proceedings initiated against him u/s 138 of the NI Act, which stands settled as the complainant has withdrawn the complaint and the proceedings against the accused-petitioner have been dropped -- In such circumstances, the order declaring the petitioner as a proclaimed person as well as the continuation of his prosecution cannot be permitted to continue -- Impugned FIR along with all consequential proceedings emanating therefrom quashed.

(Para 8, 9)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 120-B -- Punjab Travel Professionals (Regulation) Act, 2014, Section 13 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Compromise quashing of FIR -- Matter has been amicably settled between the petitioner and respondent/victims, who have decided to bury their dispute and live in peace – No useful purpose would be served in allowing the criminal proceedings to continue -- Petition allowed and FIR and proceedings emanating therefrom ordered to be quashed, qua the petitioner.

(Para 7, 10,11)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Quashing of complaint/FIR/charge-sheet – Inherent power u/s 482 CrPC -- Complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court at that stage was not under an obligation to go into the matter or examine its correctness -- Whatever appears on the face of the complaint/FIR/charge-sheet shall be taken into consideration without any critical examination of the same.

(Para 23)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Constitution of India, Section 226 -- Inherent power of High Court for quashing of complaint/FIR/charge-sheet -- Exercise of inherent power of the High Court is an extraordinary power which has to be exercised with great care and circumspection before embarking to scrutinise the complaint/FIR/charge-sheet in deciding whether the case is the rarest of rare case, to scuttle the prosecution at its inception.

(Para 28)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Constitution of India, Section 226 -- Inherent power of High Court for quashing of complaint/FIR/charge-sheet -- Allegations in the complaint will have to be accepted on the face of it and the truth or falsity of which would not be gone into by the Court at this stage, whether the allegations in the complaint were true is to be decided on the basis of the evidence led at the stage of trial.

(Para 30)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Constitution of India, Section 226 -- Inherent power of High Court for quashing of complaint/FIR/charge-sheet -- Only requirement is to see whether continuance of the proceedings would be a total abuse of the process of the Court -- Criminal Procedure Code contains a detailed procedure for investigation, framing of charge and trial, and in the event when the High Court is desirous of putting a halt to the known procedure of law, it must use proper circumspection with great care and caution to interfere in the complaint/FIR/charge-sheet in exercise of its inherent jurisdiction.

(Para 31)

E. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Constitution of India, Section 226 -- Inherent power of High Court for quashing of complaint/FIR/charge-sheet -- Availability of civil/ arbitration remedies -- FIR/ Complaint / Charge-sheet – Legality of -- Ingredients of the offences u/s 406 and 420 IPC cannot be said to be absent on the basis of the allegations in the complaint/FIR/charge-sheet -- Whether the allegations in the complaint are otherwise correct or not, has to be decided on the basis of the evidence to be led during the course of trial -- Simply because there is a remedy provided for breach of contract or arbitral proceedings, that does not by itself clothe the court to come to a conclusion that civil remedy is the only remedy, and the initiation of criminal proceedings, in any manner, will be an abuse of the process of the court for exercising inherent powers of the High Court under Section 482 CrPC for quashing such proceedings.

(Para 32)

F. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Constitution of India, Section 226 -- Inherent power of High Court for quashing of complaint/FIR/charge-sheet -- Breach of terms of the contract – Contention that civil dispute or initiation of the arbitral proceedings would not attract the provisions u/s 406, 420, 34 IPC may not hold good -- It can be defence during the course of trial but was not open to be examined by the High Court to take a judicial notice and for quashing of the criminal proceedings in exercise of its inherent powers under Section 482 CrPC.

(Para 35)

Indian Penal Code, 1860 (45 of 1860), Section 420 – Emigration Act, 1983 (31 of 1983), Section 24 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Immigration matter -- Compromise quashing of FIR -- Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue -- FIR and proceedings emanating therefrom ordered to be quashed, qua the petitioner, subject to payment of costs of Rs.10,000/-.

(Para 10, 11)

Indian Penal Code, 1860 (45 of 1860), Section 174-A – Negotiable Instruments Act, 1881 (26 of 1881), Section 138/ 142 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 -- Cheque bounce case – Complaint u/s 138/142 of N.I. Act – Proclaimed person – Quashing of FIR u/s 174-A IPC – After notice of accusation, the petitioner did not appear before the ld. Trial Court, he was declared as proclaimed person – Subsequently, the petitioner caused his appearance on the same day and was released on bail – Petitioner settled the dispute with the complainant-Company and the entire amount was paid and the complaint was dismissed as withdrawn – Consequently, petition is allowed and FIR u/s 174-A IPC along with all subsequent proceedings arising therefrom, quashed.

(Para 2-7)

A. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Cheque bounce complaint -- Following ingredients are required to be satisfied for making out a case under Section 138 of the Act, 1881:

(i) that a person must have drawn a cheque on an account maintained by him in a bank for payment of a certain amount of money to another person from out of that account for the discharge of any legally enforceable debt or other liability;

(ii) that cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;

(iii) that cheque is returned by the bank unpaid, either because the amount of money standing to the credit of the account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with the bank;

(iv) the payee or the holder in due course of the cheque makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid;

(v) the drawer of such cheque fails to make payment of the said amount of money to the payee or the holder in due course of the cheque within 15 days of the receipt of the said notice.

(Para 7)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Cheque bounce complaint – Legally enforceable debt or liability -- Presumption – Rebuttal -- Once a cheque has been signed and issued in favour of the holder, there is statutory presumption that it is issued in discharge of a legally enforceable debt or liability -- However, this presumption is a rebuttable one -- If the accused will able to raise a probable defence which creates doubts about the existence of a legally enforceable debt or liability, the prosecution can fail -- Onus is upon the accused to rebut the presumption and to establish that the cheque in question was not given in respect of any debt or liability, however, for which it is not necessary for the accused to disprove the existence of consideration by way of direct evidence, even the evidence adduced on behalf of the complainant can be relied upon.

(Para 23)

C. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 313 -- Cheque bounce complaint – Legally enforceable debt or liability -- Presumption – Rebuttal -- Respondent-accused denied his signature on the cheque -- Accused has not led any evidence in support of this plea -- Accused even did not come in the witness box to support his case -- Statement of the accused u/s 313 of the Code of Criminal Procedure is not a substantive evidence of defence of the accused but only an opportunity to the accused to explain the incriminating circumstances appearing in the prosecution case -- Mere statement of the accused may not be sufficient to rebut the presumption.

(Para 24, 25)

D. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 378(4) – Acquittal – Leave to appeal -- Complaint against partner -- Partnership Firm not arrayed as accused – Effect of -- For the purpose of Section 141 of the Act, 1881, a firm comes within the ambit of a company – Cheque had been issued by the firm which was subsequently dishonoured, a partner of the firm would not be liable for prosecution u/s 138 of the Act, 1881 without the firm being arraigned as an accused – Ld. Trail court acquitted the accused -- Appeal, by special leave, preferred by the appellant-complainant dismissed.

(Para 1, 30-34)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 156(3), 200, 210, 482 – Constitution of India, Article 226 -- Complaint as well as FIR – Legality of -- Merely because on the same set of facts with the same allegations and averments earlier the complaint is filed, there is no bar to lodge the FIR with the police station with the same allegations and averments -- However, at the same time, if it is found that the subsequent FIR is an abuse of process of law and/or the same has been lodged only to harass the accused, the same can be quashed in exercise of powers under Article 226 of the Constitution or in exercise of powers u/s 482 Cr.P.C -- In that case, the complaint case will proceed further in accordance with the provisions of the Cr.P.C.

(Para 5)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 156(3), 200, 210, 482 -- Constitution of India, Article 226 -- Criminal proceedings – Quashing of – Inherent power of High Court -- Inherent jurisdiction u/s 482 Cr.P.C. and/or under Article 226 of the Constitution is designed to achieve salutary purpose that criminal proceedings ought not to be permitted to degenerate into weapon of harassment -- When the Court is satisfied that criminal proceedings amount to an abuse of process of law or that it amounts to bringing pressure upon accused, in exercise of inherent powers, such proceedings can be quashed.

(Para 6.1)

C. Indian Penal Code, 1860 (45 of 1860), Section 406, 420 -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Constitution of India, Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 156(3), 200, 210, 482 – Quashing of FIR – Abuse of process of law -- Inherent power of High Court -- Complaint u/s 138 of the NI Act pending -- After a period of three months, an application u/s 156(3) Cr.P.C. seeking registration of FIR – Ld. Magistrate declined to order registration of FIR and decided to inquire into the matter by treating the same as complaint case -- Ld. Sessions Judge remanded back the matter to the learned Magistrate with directions to pass a speaking order – Thereafter, after a period of two years, impugned FIR against the appellants with police station with the similar contents and allegations which were levelled in the application u/s 156(3) Cr.P.C – Complainant is not proceeding further with his application u/s 156(3) Cr.P.C., which is pending since last five years – In the FIR, no reference of application u/s 156(3) Cr.P.C. and complaint u/s 138 of the NI Act – Held, impugned FIR is nothing but an abuse of process of law and can be said to be filed with a view to harass the appellants -- High Court ought to have exercised the powers under Article 226 of the Constitution of India/482 Cr.P.C. and ought to have quashed the impugned FIR to secure the ends of justice – Appeal allowed, impugned criminal proceedings/FIR registered u/ss 420/406 IPC quashed.

(Para 7-9)

Indian Penal Code, 1860 (45 of 1860), Section 376 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape case – Relation on pretext of marriage – Non-performing of marriage -- Quashing of FIR -- From the contents of the FIR as well as the statement u/s 164 of CrPC three important features emerge: (i) The relationship between the appellant and the second respondent was of a consensual nature; (ii) The parties were in the relationship for about a period of one and a half years; and (iii) Subsequently, the appellant had expressed a disinclination to marry the second respondent which led to the registration of the FIR – Held, for the purposes of considering the application for quashing u/s 482 of CrPC, no offence has been established -- No allegation that the promise to marry was false at the inception on the contrary, from the contents of the FIR appears that there was a subsequent refusal – Held, High Court was in error in declining to entertain the petition u/s 482 of CrPC – Appeal allowed, impugned judgment and order of the High Court set aside -- Charge sheet in pursuance of the investigation and order of the trial Court taking cognizance shall stand quashed and set aside.

(Para 8-12)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 323, 341, 506, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Attempt to murder – Compromise quashing of FIR – Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue -- Petition allowed, FIR and all the subsequent proceedings arising therefrom ordered to be quashed.

(Para 9, 10)

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 -- Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue -- Accordingly, FIR u/s 376 IPC, and all the consequential proceedings, arising therefrom, are quashed qua the petitioners on the basis of compromise.

(Para 7, 8)

Indian Penal Code, 1860 (45 of 1860), Section 363, 366-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 211, 482 – Kidnapping on pretext of marriage – Quashing of FIR and Chargesheet -- No allegation against the appellant -- Main allegation was against co-accused but the prosecutrix married him on 4.8.2013 and had given birth to two children out of that wedlock -- In the absence of any allegation against the appellant, continuation of proceedings against him is nothing but an abuse of process of law -- Proceedings initiated against him on the basis of FIR would be untenable -- High Court was not justified in dismissing the petition – Order of High Court set aside -- Entire proceedings consequent to FIR and charge sheet stand quashed.

(Para 9-11)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 374 -- Appeal against conviction – Acquittal by High Court -- Non-consideration of reasons of trial court and re-appreciation of evidence – Sustainability of -- Impugned judgment and order passed by the High Court acquitting the respondent/accused without adverting to the reasons given by the Ld. trial Court while convicting the accused and without reappreciating the entire evidence on record in detail cannot be sustained and the same deserves to be quashed and set aside -- Appeal before the High Court is restored to its original file.

(Para 6, 6.1, 7)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 372, 378 -- Appeal against acquittal/ conviction – Power of Court -- Appellate Court while dealing with an appeal against acquittal passed by the Learned trial Court, is required to bear in mind that in case of acquittal there is double presumption in favour of the accused -- Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law -- Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial Court -- Therefore, while dealing with the cases of acquittal by the trial Court, the Appellate Court would have certain limitations -- So far as the appeal against the order of conviction is concerned, there are no such restrictions and the Court of appeal has wide powers of appreciation of evidence and the High Court has to re-appreciate the entire evidence on record being a First Appellate Court. Keeping in mind that once the Learned Trial Court has convicted there shall not be presumption of innocence as would be there in the case of acquittal.

(Para 6.1-6.2)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 34 – Arms Act, 1959 (54 of 1959), Sections 25, 27 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Attempt to murder – Compromise quashing of FIR – Inherent jurisdiction of High Court -- After going through the record of the case, Court opined it a fit case for exercising the inherent jurisdiction of High Court u/s 482 Cr.P.C., so as to secure the ends of justice because the parties have arrived at an settlement, out of the Court, by way of compromise -- FIR and all the consequential proceedings arising therefrom, ordered to be quashed.

(Para 5-8)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Indian Penal Code, 1860 (45 of 1860), Section 174-A – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Cheque bounce case – Compromise between parties -- Proclaimed offender/ person -- FIR u/s 174-A IPC – Quashing of -- Respondent/complainant withdrew his complaint -- In such circumstances, the continuation of the prosecution of the petitioner u/s 174-A IPC would be nothing but an abuse of the process of law – Order declaring the petitioner as proclaimed offender and FIR registered u/s 174-A IPC are both quashed along with all subsequent proceedings.

(Para 6, 7)

Indian Penal Code, 1860 (45 of 1860), Sections 365, 323, 506, 142, 427, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Abduction case – Compromise quashing of FIR -- Parties on intervention of respectables have decided to patch up their difference.  -- Nothing to show that nature of the injuries were serious -- To meet the ends of justice and that no useful purpose would be served by continuing with the trial, FIR alongwith all consequent proceedings arising therefrom quashed.

(Para 9)

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 – Complainant solemnized marriage with petitioner – Keeping in view the report by the Trial Court that the parties have genuinely entered into a compromise and all the disputes between the parties have been resolved, it would not be in the interest of justice to continue the criminal proceedings -- Resultantly, FIR as well as all the subsequent proceedings arising therefrom, stand quashed.

(Para 7,11,12)

Indian Penal Code, 1860 (45 of 1860), Section 379-A, 379-B, 201 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Snatching case -- Compromise quashing of FIR -- Both the parties appeared before the Sub-Divisional Judicial Magistrate for recording their statements in the context of genuineness of the compromise -- In view of compromise between the parties, there would be remote and negligible chances of the witnesses coming forward to depose in favour of the prosecution version -- There would be remote chances of conviction – F.I.R. as well as all the subsequent proceedings arising therefrom, are quashed.

(Para 4-7)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 417, 506 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape case -- Compromise quashing of FIR -- Perusal of the FIR goes to show that this is a case of physical intimacy between two consenting adults -- Complainant, who was of the age of 29 years at the relevant time in the year 2019 had only alleged that she had been allured by the accused/petitioner on the proposition of marriage -- It was never her case that at any time any actual force was resorted to on behalf of the petitioner – Complainant has herself compromised the dispute with the petitioner/accused -- F.I.R with all consequential proceedings arising therefrom, quashed qua the petitioner.

(Para 2, 6)

Indian Penal Code, 1860 (45 of 1860), Section 304, 34 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 439 – Acquittal of co-accused – Regular bail for proclaimed offender/Petitioner -- Contention that main accused was arrested and acquitted, under the circumstances, no case against the present petitioner is sustainable and he deserves to be granted the concession of regular bail -- Without going into the merits of the case, petition allowed -- Petitioner ordered to be released on bail.

(Para 8-13)

A. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Indian Penal Code, 1860 (45 of 1860), Section 174-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Cheque bounce case -- Warrant remained unexecuted as accused-petitioner shifted – Proclamation on same address – Legality of – FIR u/s 174A of IPC – Sustainability of -- Without any basis, the Court formed an opinion that the petitioner is intentionally avoiding service and that he is either absconding or concealing himself -- Rather the Court was duty bound to ask the complainant to furnish his fresh address and ensure that the petitioner was duly served before commencing with the coercive process -- Held, trial Court was not required to invoke the provisions of Section 82 of Cr.P.C. -- Declaration of the petitioner as a proclaimed person, and the consequent registration of the impugned FIR cannot be sustained.

(Para 10-12)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Indian Penal Code, 1860 (45 of 1860), Section 174-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Cheque bounce case -- Proclaimed person – Settlement between parties – Quashing of FIR u/s 174A IPC -- Entire amount of the cheque in dispute stands paid -- Complainant does not have any objection, in case, the impugned order and FIR are quashed -- Once there is an amicable settlement between the parties and the main petition u/s 138 of N.I. Act, wherein accused was declared as a proclaimed person, stands withdrawn, proceedings u/s 174-A IPC cannot be permitted to continue -- Impugned order and FIR u/s 174-A, IPC quashed along with all consequential proceedings emanating therefrom.

(Para 13, 14)

Indian Penal Code, 1860 (45 of 1860), Sections 323, 336, (307 dropped) -- Arms Act, 1959 (54 of 1959), Section 27 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of FIR – Held, in decision, based on compromise, none of the parties is a loser, rather, it brings peace and harmony between the parties to a dispute, but also restores tranquility in the society – After considering the nature of offences and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak – FIR and all subsequent proceedings arising out of the same are quashed.

(Para 6, 7)

Indian Penal Code, 1860 (45 of 1860), Sections 306, 116 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Abetment to suicide – Compromise quashing of FIR -- Dispute between the parties has been resolved amicably – Compromise is in interest of peace and tranquility in the society and for such like reasons high Court can quash the FIR and ancillary proceedings exercising power u/s 482 Cr.P.C. -- Petition allowed and the FIR along with ancillary proceedings quashed.

(Para 7-9)

A. Indian Penal Code, 1860 (45 of 1860), Section 396 -- Dacoity with murder -- Acquittal in – No test identification parade – Accused identified first time in court – Finger prints at place of occurrence – Value of – Child eye witness 5 years old (PW5) -- Both accused were unknown faces to PW5, and were not subjected to any Test Identification -- Apart from identification by PW5 in Court for the first time, there is no other material to establish their presence -- Thus, even if Court accept that fingerprints lifted from the house of the deceased could be associated with the said two accused, that by itself, in the absence of any substantive piece of evidence, cannot be made the basis of their conviction -- These accused are therefore entitled to the benefit of doubt -- Orders of conviction and sentence recorded against them set aside.

(Para 16, 35)

B. Indian Evidence Act, 1872 (1 of 1872), Section 8, 27, 118, 134 -- Child witness – Corroboration of -- Perspective from which the evidence of a child witness is to be considered -- “corroboration of the testimony of a child witness is not a rule but a measure of caution and prudence” is a well-accepted principle.

(Para 22)

C. Indian Penal Code, 1860 (45 of 1860), Section 396 -- Indian Evidence Act, 1872 (1 of 1872), Section 8, 27, 118, 134 -- Dacoity with murder -- Acquittal in – 5 year old Child eye witness -- A chhuri or knife was said to have been recovered upon being pointed by accused/HO -- In the absence of any memorandum, the trial court rejected the theory that such recovery would be admissible u/s 27 of the Act -- It was however observed that such recovery would be admissible u/s 8 of the Act -- Not enough to sustain the finding of guilt -- PW-2 in his cross-examination reveals that he made no attempts to talk to the police though he asserted in his examination-in-chief that in the morning he was sure that the culprits were accused/ HO and his associates, version given by PW2 is, therefore, not free from doubt -- Evidence of PW2 also contains inherent inconsistencies -- Sample fingerprints of accused H.O. did not match with any of the fingerprints taken from the house of the deceased -- With the acquittal of all the accused in respect of offences punishable u/s 412 IPC and under the Arms Act, there is no other material pointing towards the involvement of accused/HO – Court do not find the material on record sufficient to record conviction of accused/ HO for the offence u/s 396 IPC -- Benefit of doubt given.

(Para 26-28)

Indian Penal Code, 1860 (45 of 1860), Section 174-A -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Cheque bounce case – Proclaimed offender – Quashing of FIR u/s 174-A of IPC – Petitioner had challenged the order, whereby he was declared as proclaimed offender and he was allowed interim bail and later the petition was disposed of as having been rendered infructuous as the petitioner had appeared before the trial Court and had been granted bail – Continuation of criminal proceedings against the petitioner u/s 174-A would be nothing but an abuse of process of law – Petition allowed and FIR u/s 174-A IPC and all consequential proceedings, arising therefrom, are quashed.

(Para 6-8)

Indian Penal Code, 1860 (45 of 1860), Sections 452, 323, 148 & 149 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- House trespass – Compromise quashing of FIR – Illaqa Magistrate/trial Court, after recording the statements of the parties qua the execution and veracity of the alleged compromise furnished the report – FIR and all subsequent proceedings arising therefrom quashed.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Kidnapping case -- Compromise quashing of FIR -- Parties got their statements recorded and Ld. Magistrate submitted report to the effect that the compromise is genuine – None has put in appearance on behalf of complainant party but no prejudice would be caused to them as they have already made a joint statement with regard to compromise before Ld. Magistrate – FIR and subsequent proceedings arising therefrom are quashed qua the petitioners on the basis of compromise.

(Para 2-8)

Indian Penal Code, 1860 (45 of 1860), Sections 376(2)(N) – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape case – Compromise quashing of FIR – Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue -- Petition allowed and FIR and all the subsequent proceedings, arising therefrom, qua the petitioner, ordered to be quashed.

(Para 10,11)

Indian Penal Code, 1860 (45 of 1860), Sections 376(2)(N) – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape case – Compromise quashing of FIR – Inherent powers of High Court – Petitioner married prosecutrix/complainant-respondent and now they are leading happy married life -- State has objected to the aforesaid course, but in the interest of justice and also to prevent unnecessary continuation of criminal proceedings, Court viewed that inherent powers u/s 482 Cr.P.C can be exercised in order to achieve ends of justice -- FIR as well as all the subsequent proceedings arising therefrom, quashed.

(Para 3, 7, 8)

Indian Penal Code, 1860 (45 of 1860), Sections 370, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Trafficking of person -- Compromise quashing of FIR – Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue – Petition allowed, FIR and all the consequential proceedings, arising therefrom, quashed.

(Para 10, 18, 19)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 382, 341, 506, 427, 148, 149 -- Arms Act, 1959 (54 of 1959), Sections 25, 27, 54, 59 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Attempt to murder – Compromise quashing of FIR -- Incident pertains to the year 2012 -- No injury was sustained by any of the parties – It is a fit case in which the impugned FIR is liable to be quashed – Petition allowed, FIR along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners.

(Para 5-9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Sections 147, 149, 323, 354-D, 506 – Stalking -- Compromise quashing of FIR -- Parties had appeared before learned Addl. Chief Judicial Magistrate and got recorded their statements regarding compromise -- Petition allowed -- FIR along with all subsequent proceedings arising therefrom, quashed qua the petitioners.

(Para 6-9)

Wildlife (Protection) Act, 1972 (53 of 1972), Section 2, 9, 11, 12, 39A, 49A, 51, Schedule I, II, III, IV -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Offence under Wildlife Protection Act – Quashing of complaint by High Court – Challenge to – In case a person hunts any of the wild animals which are included in Schedule I to IV, it becomes an offence inviting the penalty under Section 51 of the Act, 1972 -- Veterinary Surgeon has identified the Turtle as ‘Indian Flap Shell (Lissemy’s Punctata)’ whereas the Turtle which is included in Part II of Schedule I of the Act, 1972 is “Indian Soft-shelled Turtle (Lissemys punctata punctata).”  -- Although Lissemys punctata is included in Part II of Schedule I of the Act, however, the Turtle which has been seized is not that which is included in Part II of Schedule I -- Turtle seized is not included in Schedule I Part II and the Turtle having already been freed on the second day of its seizure – Held, High Court did not commit any error in quashing the criminal proceedings registered for Wild Life offences -- No good ground to interfere with the order of the High Court by which the High Court has exercised its jurisdiction under Section 482 Cr.P.C.

(Para 9-14)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 8 -- Indian Penal Code, 1860 (45 of 1860), Sections 354/354-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Sexual assault with minor – Compromise quashing of FIR – Ld. Additional Sessions Judge, Fast Track Court, specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence -- FIR and all subsequent proceedings emanating therefrom quashed qua the petitioner.

(Para 1-6)

Indian Penal Code, 1860 (45 of 1860), Section 174-A, 420 – Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 142 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Proclaimed person -- Quashing of FIR u/s 174-A IPC -- Complaint u/s 138, 142 NI Act, 420 IPC compromised between the parties and the complainant has withdrawn the complaint – Held, continuation of the proceedings including the FIR is nothing but an abuse of process of law -- Petition allowed, FIR u/s 174-A of IPC as well as all the consequential proceedings arising therefrom, quashed.

(Para 7-9)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 8 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 -- Indian Penal Code, 1860 (45 of 1860), Section 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – POCSO matter – Compromise quashing of FIR – Keeping in view the fact of dispute having been amicably settled, petition allowed -- FIR along with ancillary proceedings quashed.

(Para 6-11)

A. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 -- Murder case -- Acquittal of appellant – Conviction by Trial Court affirmed by High Court – Challenge to -- Test Identification parade unworthy  – Forensic evidence withheld – Identification of accused by wearing of lungi – Un-natural behaviour of eye-witness -- Principle in criminal law which propagates that if two views are possible on the evidence adduced in a case, one pointing to the guilt of the accused and the other to their innocence, the view favourable to the accused should be adopted -- Infirmities in the prosecution evidence, made out a case for interference -- Appeal allowed, judgment of trial Court as also of High Court set aside.

(Para 1, 8-16)

B. Indian Evidence Act, 1872 (1 of 1872), Section 114(g) – Adverse inference – Co-accused acquitted -- No chemical analyst report, relevant forensic evidence for the seized shirt of co-accused withheld by the prosecution -- When such vital forensic evidence is kept away, an adverse inference will have to be drawn against the prosecution.

(Para 8.2)

C. Indian Evidence Act, 1872 (1 of 1872), Section 9 – Code of Criminal Procedure, 1973 (2 of 1974), Section 162 -- Test Identification Parade – Presence of Police – Identity by lungis -- Test Identification evidence (YIP) is not substantive piece of evidence but can only be used, in corroboration of statements in Court -- Major flaw was the presence of the police during the exercise, resultant communications tantamount to statements made by the identifiers to a police officer in course of investigation and they fall within the ban of section 162 of the Code -- Pahchan patra of the TIP mentions that three lungis were presented, the related witness was shown only one lungi for identification -- Such infirmities would render the TIP unworthy of acceptance, for supporting the prosecution.

(Para 10,11)

D. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 -- Murder case -- Unnatural behaviour of the eye-witness – He was known to the deceased and claimed to have seen the assault -- He did not take any pro-active steps in the matter to either report to the police or inform any of the family members -- Such conduct of the eyewitness is contrary to human nature – His testimony deserves to be discarded.

(Para 14)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Sections 307, 452, 120-B and 34 – Arms Act, 1959 (54 of 1959), Section 25, 27 – Attempt to murder – Compromise quashing of FIR – Report of JMIC that statements of the parties were recorded which indicates that the compromise is genuine, without any coercion or undue influence -- Inherent jurisdiction of u/s 482 Cr.P.C. exercised so as to secure the ends of justice -- Continuation of the prosecution would result in sheer abuse of process of law – FIR and the consequential proceedings arising therefrom ordered to be quashed – Petition allowed.

(Para 1-8)