1. Scuffle between judicial officers -- Discharge of Probationer Judicial Officers – Rule of natural justice -- Order of discharge of services of petitioners as probationer are clearly stigmatic which required inquiry prior to discharge from service -- Since the order of discharge of service of petitioners is punitive in nature, the maxim of Audi alterm partem was required to be followed prior to their discharge. (Allahabad HC) Reserved on: 06.02.2025 Decided on: 10.03.2025

2. Liquidation of company – Adjustment of unearned income -- High Court seized of liquidation proceedings, there are other creditors -- It will not be appropriate to direct that a part of the amount paid towards consideration should be appropriated towards unearned income payable to the appellant -- Court cannot direct the funds available in liquidation proceedings for payment of the unearned income as large number of claims have been submitted. (SC) Decided on: 07.03.2025

3. Rape – Injury to prosecutrix – Requirement of law -- Merely because in the medical evidence, there are no major injury marks, this cannot a be a reason to discard the otherwise reliable evidence of the prosecutrix -- It is not necessary that in each and every case where rape is alleged there has to be an injury to the private parts of the victim and it depends on the facts and circumstances of a particular case -- Absence of injuries on the private parts of the victim is not always fatal to the case of the prosecution. (SC) Decided on: 07.03.2025

4. Discharge -- Accidental death – Causing death by negligence -- Culpable homicide not amounting to murder -- Allegations that accused persons had not taken proper care and caution by providing safety shoes, safety belt etc. -- Two deceased employees were undertaking the work of decoration of the front side of the shop -- As part of the said work, they were working on the sign board which was approximately at a height of 12 feet from the ground level -- While working on the sign board, they were struck by electricity as a result of which they got electrocuted and fell down resulting in multiple injuries leading to their death -- It was purely accidental -- On these basic facts, no prima facie case can be said to be made out against the appellants for committing an offence u/s 304A IPC, not to speak of Section 304 Part II IPC – Discharge application allowed. (SC) Decided on: 07.03.2025

5. Demand and acceptance – Presumption -- Prosecution failed to establish beyond all reasonable doubt, the demand of bribe and its acceptance, in a trap laid by the trap team of the ACB -- In that circumstance there is no question of a presumption u/s 20 arising in the case -- Conviction and sentence set aside. (SC) Decided on: 07.03.2025

6. POCSO – Greater punishment -- Section 42A of POSCO Act deals with the procedural aspects and gives an overriding effect to the provisions of the POCSO Act over any other law for the time being in force where, the two acts are inconsistent with each other -- Section 42A of POSCO Act, by no stretch of imagination, can be interpreted so as to override the scope and ambit of enabling provision, i.e., Section 42 of POCSO Act. (SC) Decided on: 07.03.2025

7. Execution of decree – Time limit of 6 months -- All the High Courts directed to call for the necessary information from their respective district judiciary as regards pendency of the execution petitions -- High Courts shall thereafter proceed to issue an administrative order or circular, directing their respective district judiciary to ensure that the execution petitions pending in various courts shall be decided and disposed of within a period of six months without fail otherwise the concerned presiding officer would be answerable to the High Court on its administrative side. (SC) Decided on: 06.03.2025

8. Contempt of Court -- Agreement to sell after Status quo order – Agreement to sell and acceptance of sale consideration despite the interim orders, held to be contempt of Court -- Respondent no. 1 to 4 held guilty of civil contempt, as defined under section 2(b) of the Contempt of Courts Act read with Rule-2(a) of the Order 39 of the Code of Civil Procedure, 1908 -- Unconditional apology tendered at the fag end of the proceedings, rejected – Fine of Rs.2,000/- on respondent no. 1 to 4 / Senior citizens each and costs of Rs.1,00,000/- as per Rule 21 of Contempt of Court (Gujarat High Court) Rules, 1984 imposed -- Agreement to sell held to be nonest and void ab initio, the same quashed and set aside. (Gujarat HC) Decided on: 05.03.2025

9. Absence from trial – Cancellation of bail – Forfeiture of bail bond -- Arrest warrant – Quashing of – Many a times, the accused can be prevented by sufficient reasons to put an appearance before the Court on a given date and, therefore, it necessarily cannot be construed as a deliberate and wilful absence -- Explanation offered for non-appearance before the trial Court is justified -- Curtailment of personal liberty is to be done in line with the procedure established by law -- Procedure must be compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice of arbitrariness or unreasonableness – Sole purpose of issuance of non-bailable warrants is to secure presence of the accused before the learned trial Court -- Petitioners have themselves come forward and have undertaken to appear before the learned trial Court on each and every date – Impugned order set aside. (P&H HC) Decided on: 05.03.2025

10. Additional evidence in appeal -- Application under Order 41 Rule 27 CPC dismissed whereas the first appeal is pending -- Impugned order set aside and the First Appellate Court directed to consider the application for additional evidence afresh along with main appeal and at the time of deciding of the main appeal. (P&H HC) Decided on: 05.03.2025

11. Money Laundering Case -- Direction to register HECIR -- High Court had no reason to pass a drastic order of directing the Enforcement Directorate to register an ECIR only because the High Court prima facie came to a conclusion that a predicate offence exists -- ECIR registered on the basis of the impugned judgment quashed and set aside – Left open for Enforcement Directorate to take a call on the question of initiating proceedings under the Prevention of Money-laundering Act, 2002. (SC) Decided on: 03.03.2025

12. Central Law – Presumption of implementation by State -- High Court observed that as the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is a central Act, there is a presumption in law that it will be implemented in its true letter and spirit by the State Government – Held, no such presumption exists -- High Court ought to have dealt with the prayers in the writ petition on merits – Writ petition restored. (SC) Decided on: 03.03.2025

13. Writ jurisdiction -- Judgment reserved -- Vacation of stay order – Requirement of law -- Interim relief was in operation for two and a half years -- While reserving the order, fairness required that the interim relief should have been continued for a reasonable time to enable the appellant to challenge the order vacating stay – Direction given that interim order shall continue to operate till the order/judgment in the writ petition is pronounced -- If the writ petition is dismissed, the High Court will extend the interim relief for a reasonable time to enable the appellant to challenge the final order. (SC) Decided on: 03.03.2025

14. Consumer – Project loan from Bank -- Dominant purpose behind brand-building itself is to attract more customers and consequently generate profits or increase revenue for the business -- What is to be seen is that whether the dominant intention or dominant purpose for the transaction was to facilitate some kind of profit generation for the person who has availed the service – Held, respondent No.1 is not a ‘consumer’ in terms of Section 2 (1) (d) (ii) of the Act. (SC) Decided on: 28.02.2025

15. Discharge by Trial Court – Revision -- Ex-parte stay by High Court – Permissibility of -- Ex-parte order of stay of the order of discharge should not have been passed by the High Court -- Ex-parte order of stay is entirely illegal -- Impugned order set aside. (SC) Decided on: 28.02.2025

16. Murder -- Recoveries were made after several days of the incident and no bloodstains etc. were found on the weapons -- PW-15, the doctor who had conducted the post-mortem examination, deposed that the seized weapons were not shown to him -- Knives etc. were also not produced in court -- All the seizure witnesses turned hostile -- Section 27 of the Evidence Act cannot come to the aid of the prosecution -- Clothes of the accused were not seized and sent for forensic examination to find out whether there were any bloodstains -- Medical evidence confirmed multiple stab injuries on his body leading to profuse bleeding and death -- It is for the prosecution to connect the accused to the murder of the deceased by producing credible and legally admissible evidence -- However, no credible evidence at all to connect the accused persons with the homicidal death of deceased -- Appellants are entitled to the benefit of doubt -- Conviction and sentence of the appellants set aside. (SC) Decided on: 28.02.2025

17. Compensation in motor vehicle accident case – Rule of evidence -- Under the Motor Vehicle Act, 1988 it is established that in compensation cases, the strict rules of evidence used in criminal trials do not apply -- Instead, the standard of proof is based on the preponderance of probability. (SC) Decided on: 28.02.2025

18. Nomination by policy-holder – Payment of Insurance claim -- Duty of Insurance company -- When there is a beneficiary nominee, who is validly nominated as per Section 39(7), will be entitled to make a claim for the entire amount -- Liability of the Insurance Company is to disburse the amount to the beneficiary or collector nominee as the case may be -- Insurance Company does not get into the area of dispute and the Company washes of its hands by handing over the sum assured to the nominee. K.R. Sakthi Murugeswari’s case (MANU/TN/6034/2023) relied. (Madras HC) Decided on: 28.02.2025

19. NDPS – Regular bail – Commercial quantity -- Recovery of 261 grams of Tramadol Hydrochloride, marginal above the commercial quantity (250 grams) -- Petitioner is a first time offender with no other case under the NDPS Act registered against him -- Provisions of Section 37 of the NDPS Act can be relaxed – Petitioner in custody since 13.09.2023 but none of the 13 prosecution witnesses have been examined so far and a co-accused has already been granted the similar relief – Bail allowed. (P&H HC) Decided on: 27.02.2025

20. Arbitration award – Legal heirs – Right and liability -- The term ‘partners’ extends to and would include their legal heirs, representatives, assigns or legatees, etc. -- Persons claiming under the rights of a deceased person are the representatives of the deceased party, and therefore, both the parties to the agreement and their legal heirs are entitled to enforce an arbitral award and are bound by it. (SC) Decided on: 21.02.2025

21. Probation to accused – Compensation to complainant -- Keeping in view the antecedents of the petitioner and the fact that he is not a previous convict, it is obligatory upon the Court to extend the benefit of Probation of Offenders Act to the convict – Petitioner ordered to be released on probation – To balance the rights of the complainant with the benefit of probation extended to the petitioner, Court directed the petitioner-accused to pay compensation of Rs. 25,000/- to the complainant. (P&H HC) Decided on: 19.02.2025

22. Compensation in motor vehicle accident case – Deceased 16 year old -- Multiplier -- Deceased was studying in 11th standard at the time of the accident on 27.05.2013 -- Notional income of the deceased is assessed as Rs.15,000/- per month -- Future prospects 40% given -- Deceased was unmarried, 50% deduction would be applicable -- Claimants would be entitled to Rs.18,000/- (Rs.15,000+20% increase) towards loss of estate and Rs.18,000/- (Rs.15,000+20% increase) towards funeral expenses and Rs.48,000/- each (Rs.40,000+20% increase) towards loss of consortium – Total compensation comes to Rs.24,00,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till the realization of the entire amount awarded. (P&H HC) Decided on: 19.02.2025

23. Right to bail u/s 437 (6) of Cr.P.C. – Scope of -- Sub-section (2) of Section 437 of the Code can be divided in two parts -- The first part would indicate that it is mandatory, but in the next breath, the legislature has given discretion to the Magistrate not to grant bail by assigning reasons -- Provisions of Section 437(6) cannot be considered to be mandatory in nature and cannot be interpreted to grant an absolute and indefeasible right of bail in favour of accused -- Reasons for rejection of application under sub-section (6) have to be different and little more weighty than the reasons that may be relevant for rejection for bail at the initial stage. Following factors would be relevant: 1. Whether the reasons for being unable to conclude trial within sixty days from the first date fixed of taking evidence, are attributable to the accused? 2. Whether there are any chances of the accused tampering with evidence or causing prejudice to the case of the prosecution in any other manner? 3. Whether there are any chances of abscondence of the accused on being bailed out? 4. Whether accused was not in custody during the whole of the said period? If the answer to any one of the above referred fact situations or similar fact situations is in affirmative then that would work as a fetter on the right that accrues to the accused under first part of sub-section (6) of Section 437 of the Code -- Right accrues to him only if he is in custody during the whole of the said period. (SC) Decided on: 18.02.2025

24. Pre-mature release -- Duty of Government -- It is the obligation of the appropriate Government to consider cases of all convicts for grant of premature release as and when they become eligible for consideration in terms of the policy -- It is not necessary for the convict or his relatives to make a specific application for grant of permanent remission -- District Legal Services Authorities shall maintain the relevant date of the convicts and as and when they become eligible to a consideration for grant of premature release, they shall do the needful -- The State Legal Services Authorities shall endeavour to create a portal on which the data as aforesaid can be uploaded on real time basis. (SC) Decided on: 18.02.2025

25. Doctrine of estopple -- Withdrawal of NOC to commence Ayurvedic Medical College and Hospital – Held, there can be no indefeasible right claimed on the basis of the grant issued, which is illegal -- There is no promise offered by the State or the Government by reason of the invalid order issued by the Department -- When officers of the government acts outside the scope of authority, the plea of promissory estoppel would not be available, especially since the doctrine of ultra vires comes into operation and the government cannot be held bound by the unauthorised actions of its officers – Withdrawal of NOC, upheld. (SC) Decided on: 17.02.2025

26. Forfieture of gratuity -- Misappropriation of meagre amounts -- It is trite that even if minimal amounts are misappropriated it would constitute a misconduct warranting termination -- However, on the question of forfeiture of gratuity, Appointing Authority should have taken a more sympathetic approach -- Appointing Authority directed to limit the forfeiture to 25% of the gratuity payable and release the balance amounts. (SC) Decided on: 17.02.2025

27. Compensation to employee – Interest thereupon -- Interest liability arises on default of the employer, in paying the admitted compensation due under the Act within one month from the date it fell due and if there is such default, necessarily interest shall run at the rate provided -- Interest runs from the date of the accident -- 12% simple interest per annum necessarily has to be applied. (SC) Decided on: 17.02.2025

28. Divorce – Permanent alimony -- Decree of divorce on the ground of irretrievable breakdown of marriage -- Permanent alimony of Rs. 50,00,000/- granted -- Once the lis between the parties was finally settled and permanent alimony of a lump sum amount was awarded, nothing further survives for consideration -- All pending matters inter se parties would stand closed -- Final order of maintenance shall be the full and final adjudication of any maintenance proceedings between the parties, leaving no scope for further claims in this regard. (SC) Decided on: 17.02.2025

29. Contradiction in statement – Circumstantial evidence – Acquittal -- Significant improvements and omissions in the evidence of PW-3 -- Omissions are so relevant that they become contradictions in view of the Explanation to Section 162 of the CR.P.C. -- Thus, it is very difficult to accept the testimony of PW-3 as reliable -- PW-1 is not a witness to the theory of last seen together -- Therefore, it is not possible to hold that the theory of last seen together was proved by the prosecution beyond a reasonable doubt -- When the prosecution case is based on circumstantial evidence, the circumstances from which the conclusion of guilt is to be drawn should be fully established -- There must be a chain of circumstances so complete as not to leave any ground for any conclusion inconsistent with the innocence of the accused -- Two significant circumstances forming the chain have not been established -- Conviction and sentence set aside (SC) Decided on: 13.02.2025

30. Statutory rules – Rule of natural justice – Opportunity of hearing – Requirement of -- It is a well-settled principle of law that while administrative actions and statutory rules that impact citizens’ rights are subject to judicial review, the notion that the State must provide a prior hearing to affected individuals during the exercise of its rule-making power is fundamentally flawed. (SC) Decided on: 13.02.2025

31. Undisclosed income – Penalty -- Section 271AAA is a penalty provision, it has to be strictly construed -- The fact that the assessee has surrendered some undisclosed income during the course of search or that the surrender is emerging out of the statements recorded during the course of search is not sufficient to fasten the levy of penalty -- The onus is on the Assessing Officer to satisfy the condition precedent stipulated in the said Explanation, before the charge for levy of penalty is fastened on the assessee -- Appellant admitted Rs.2,27,65,580/- as income for AY 2011-12 during the search before DDIT (Inv.) as well as substantiated the manner in which the said undisclosed income was derived and paid tax together with interest thereon, albeit belatedly -- Consequently, all the conditions precedent mentioned in Section 271AAA(2) stand satisfied and, therefore, penalty under Section 271AAA(1) is not attracted on the said amount of Rs.2,27,65,580/-. (SC) Decided on: 13.02.2025

32. Second bail application -- There is no prohibition in filing a fresh bail application after the earlier was rejected or cancelled, if granted. (SC) Decided on: 13.02.2025

33. Cheating – Acquittal – Money taken for sending abroad -- Incident happened in the year 2001, however, written complaint made after two years -- In the complaint, nowhere, mentioned that complainant or his father had arranged an amount of Rs.3,00,000/- by taking loan or by arranging the same from their relatives -- Nothing brought on record to show that any travel agency is being run by the accused persons -- Prosecution has neither proved source of amount nor the fact that who induced the complainant to pay the amount and to whom the payment was made -- As such, the prosecution has failed to prove its case beyond the shadow of reasonable doubt – Acquittal order, upheld. (P&H HC) Decided on: 13.02.2025

34. Schedule Private Bank – Freeze of account -- Maintainability of writ -- Petitioner company deposited more than 10 crores in its current account maintained with the respondent bank -- Withdrawal of amount belonging to petitioner from its current account is withheld by the respondent bank on account of its unilateral decision to freeze the petitioner’s bank account on the request of third respondent and lodging of an FIR by her regarding a matrimonial dispute. -- There is no order passed by any competent court to freeze the petitioner’s bank account. -- There is no action or order of the investigating authority in any criminal case to freeze such bank account, either. -- No provision exists in law conferring authority upon the respondent bank to adjudicate private claims of the Director regarding their matrimonial dispute. Objection of the respondents with regard to maintainability of the writ petition dismissed -- Writ petition allowed, order passed by the respondent bank quashed. (Allahabad HC) Decided on: 13.02.2025

35. Show cause notice – Challenge to -- Writ jurisdiction -- Writ Court should not entertain any petition, seeking to challenge a show cause notice unless the Court is convinced that the same has been issued by an authority having no jurisdiction, or the same is tainted with mala fides. (SC) Decided on: 12.02.2025

36. Void marriage – Maintenance to spouse – Permanent alimony – Right of -- A spouse whose marriage has been declared void u/s 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of the 1955 Act -- Whether such a relief of permanent alimony can be granted or not always depends on the facts of each case and the conduct of the parties -- Grant of relief u/s 25 is always discretionary. (SC) Decided on: 12.02.2025

37. Culpable homicide – Causing death due to negligence -- Appellant/ qualified medical practitioner conveyed/ instructed staff nurse to administer an injection over telephone which injection when administered to the patient, apparently reacted, resulting into his death – Registration of the FIR u/s 304 Part I IPC and the subsequent submission of police report u/s 173 (2) CrPC also u/s 304 Part I IPC cannot be sustained – Appeal allowed, Trial Court to waive the accusation under 304 Part I IPC and to proceed after reading over accusation under Section 304-A, IPC. (SC) Decided on: 12.02.2025

38. Compensation in motor vehicle accident case -- Deceased 20 year old was a student of B.A. Final Year -- Date of the accident was 25.07.2004, the notional income of the deceased assessed as Rs.10,000/- per month -- Loss of future prospects 40% -- Multiplier of 18 applied – 50% deduction -- Claimant-appellant would be entitled to Rs.18,000/- (Rs.15,000+20% increase) towards loss of estate and Rs.18,000/- (Rs.15,000+20% increase) towards funeral expenses – Rs.50,000/- awarded for Loss of love and affection -- Total compensation assessed at Rs.15,98,000/- -- Interest @ 6% per annum from the date of filing of the claim petition till the realization of the entire amount. (P&H HC) Decided on: 11.02.2025

39. Domestic violence – Quashing of criminal proceedings -- Nothing on record to show that the parents witnessed any of the incidents of physical harassment of the complainant at the instance of the appellants -- Complainant in her complaints did not assign any specific role to the appellants concerning the demands of dowry and physical and mental harassment of the complainant, except for making a sweeping allegation without specific details -- Appellants do not live with the principal accused -- While the marriage took place in Pondicherry and the complainant lived with her husband and mother-in-law in Chennai, the appellants are residents of Hyderabad -- Criminal proceedings quashed. (SC) Decided on: 07.02.2025

40. Compensation in motor vehicle accident case – Injury case – Consented compensation – Enhancement – Permissibility of -- Claimant-Appellant had agreed on the additional consolidated sum granted by the High Court -- Despite such consent, the objective when granting compensation under the Motor Vehicles Act, 1988, is to ensure just and fair compensation is paid to the aggrieved party – Compensation enhanced to Rs.17,82,825/-. (SC) Decided on: 07.02.2025

41. Compensation in motor vehicle accident case -- Split method of dependency – Deceased was to retire after 2 year of date of death -- Normally Courts and Tribunals have to apply the multiplier as per the judgement of this Court in Sarla Verma case (2009) 6 SCC 121 : 2009 INSC 506 -- Any deviation from the same warrants special reasons to be recorded -- Deceased was a technically qualified person and people are generally healthy at that age and continue working even after retirement -- Compensation on account of loss of income while applying the multiplier of 9 by the Tribunal without applying the split method is the correct calculation on that account -- Future prospects @ 15% awarded -- Loss of estate and funeral expenses, the amount of ?15,000/- each -- Consortium, there are three claimants, namely, the widow, one son and one daughter, they would be entitled to compensation on account of loss of consortium @ ?40,000/- each. (SC) Decided on: 07.02.2025

42. RTI -- Exemption to disclose personal information -- Disclosure of marks of other candidate in an examination – Held, disclosure of the marks though may fall in the category of personal information, yet the disclosure of this personal information is presently necessary in public interest, and therefore, it is not an information which cannot be given by the Information Officer under the RTI Act, 2005 -- To the contrary, such an information must be disclosed in order to maintain transparency in the process. (SC) Decided on: 07.02.2025

43. Abetment of suicide – Quashing of proceedings -- Charge-sheet, as it stands, appears to have proceeded in an unidimensional manner by accepting the version of the complainant and his family members as the gospel truth – Whether any investigation to explore any other angle was pursued, a stoic silence of State -- None of the ingredients required in law to make out a case u/s 306 IPC to be even remotely mentioned in the charge-sheet or are being borne out from the material on record – Held, charge-sheet filed by the police and the cryptic order of cognizance, the proceedings cannot be allowed to be carried on against the appellants -- Proceedings quashed – SIT constituted for re-investigation. (SC) Decided on: 07.02.2025

44. Kidnapping -- Age of prosecutrix -- There are two contradictory opinions given by two medical experts – Doctor/ PW-3 states that according to the X-ray reports, the age of the prosecutrix was around 14 years, however, Chief Medical Officer/ DW-2 opined that the age of the prosecutrix was around 18 years -- In view of the two conflicting medical opinions, we are of the opinion that the benefit ought to have been given to the appellant-accused. (SC) Decided on: 06.02.2025

45. Criminal intimidation – House trespass – Quashing of FIR -- Allegations in the FIR are totally absurd -- When complainant has not filed any suit, there is no question of appellants threatening him of dire consequences if he does not withdraw the suit – Complainant and his relatives are in the habit of filing false and malicious cases against the appellants only on account of long-standing civil dispute pending between them – Continuation of the criminal proceedings against the appellants would be nothing else but an abuse of the process of law – Chargesheet and summoning order quashed and set aside. (SC) Decided on: 06.02.2025

46. Equitable mortgage – Rights in personam -- Where ‘equitable mortgages’ have been created based on deposit of part-deeds or documents purporting title or evincing intention of parties to create an interest, all such deposits will be a valid mortgage in equity and the charge that might have been created prior in time will assume priority over any subsequent charges or mortgagors -- However, since such a mortgage is an ‘equitable mortgage’ any rights flowing from such mortgages are only of personal character and only rights in personam and as such will not operate against any strangers or subsequent incumbrancers unaware of such equitable mortgage -- Right of the lender to apportion or appropriate the subject property for repayment of loan only a right to take such an action rather than a right in the property itself. (SC) Decided on: 04.02.2025

47. Conviction in cheque bounce complaint – Expedite decision on appeal – Suspension of sentence -- On joint request of the parties, petitioners exempted from depositing an amount of Rs.43,65,125/- i.e. 20% of the amount of compensation during the pendency of the appeal, before the Appellate Court -- Since the complaint was initially filed on 11.01.2018 and a period of 7 years has lapsed, after the institution of the complaint, the Appellate Court is directed to decide the appeal within a period of 04 months. (P&H HC) Decided on: 03.02.2025

48. Conviction in cheque bounce complaint – Appeal – Suspension of sentence -- Deposit of 20% compensation – Requirement of -- Petitioners/ convicts directed to deposit 20% of the compensation amount awarded by trial Court by the Appellate Court -- No reason given by the Court while issuing directions -- Condition of depositing of 20% of compensation amount awarded by the trial Court imposed for the purpose of suspension of sentence, set aside -- Appellate Court directed to re-consider the same after giving opportunity of hearing to the parties and then to pass appropriate order in accordance with the law laid down in Jamboo Bhandari’s case (SC) 2024(2) L.A.R. 323 = (2023) Law Today Live Doc. Id. 18509 and till then not to take any coercive action against the petitioners. (P&H HC) Decided on: 03.02.2025

49. Divorce -- Dispute between the parties remains only concerning the maintenance amount and both the parties have agreed to the grant of divorce – Husband has already remarried, the present parties stayed together for only about two months after the marriage, have no intention to continue their marital relationship, the marriage between the appellant-wife and the respondent-husband has evidently broken down irretrievably – No interfere with the decree of divorce granted by the Family Court and confirmed by the High Court. (SC) Decided on: 31.01.2025

50. Rape with wife – Quashing of FIR -- As per Exception 2 u/s 375 of IPC, sexual intercourse by a man with his own wife cannot be termed as rape and, hence, a charge under Section 376 of IPC cannot be sustained against the appellant -- The conduct of the Respondent No. 2 and 3 in failing to enter appearance despite sufficient notice is reflective of the fact that it is a dead case where no purpose shall be served in continuing the criminal proceedings alleging charges of rape against the appellant -- No prima facie case constituting any offence is made out against the appellant and—FIR and all consequential proceedings arising therefrom deserve to be quashed – Appeal allowed. (SC) Decided on: 31.01.2025