A. Constitution of India, Article 226 -- Promotion of employee – Departmental proceedings – Effect of -- Departmental proceedings can be said to have been initiated only upon issuance of the charge-memo/ charge-sheet and not prior thereto -- In case of initiation of departmental proceedings against an employee as on date of consideration of his case for promotion by the DPC, the sealed covered procedure is required to be adopted -- Said sealed cover is to be opened after culmination of the departmental proceedings.

(Para 4(ii))

B. Constitution of India, Article 226 -- Departmental proceedings – Withdrawal of promotion – Permissibility of -- Charge-memo issued to the petitioner on 01.04.2023, whereas, the DPC had already recommended petitioner’s name for promotion to the post of Sub-Inspector on 21.03.2023 -- Formal order promoting the petitioner on accrual of vacancies was passed on 02.08.2023 – Order dated 24.08.2023, withdrawing petitioner’s promotion to the post of Sub-Inspector is not in consonance with law.

(Para 4(iii))

C. Central Civil Services (Classification, Control, and Appeal) Rules, 1965, Rule 11, 14, 16 – Departmental proceedings for minor punishment – Withholding of promotion – Permissibility of -- Charge-memo was not issued to the petitioner for imposition of major penalties under Rule 14 -- Promotion cannot be withheld on account of employer’s intention to initiate departmental proceedings for imposition of minor penalty upon an employee.

(Para 4(iv))

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Excise matter -- Regular bail – Direction to furnish bail bonds after 6 months – Sustainability of -- High Court ordered to release the petitioner on bail subject condition that “the petitioner shall furnish his bail bonds after completion of six months in custody from today” – Held, no valid reason for the High Court to impose the condition – Condition set aside, Trial Court directed to release the petitioner on bail forthwith on furnishing bail bonds to its satisfaction.

(Para 1-4)

Uttar Pradesh Revenue Code, 2006, Section 210 – Maintainability of revision -- In order for a revision to be entertainable the impugned order must amount to a 'suit or proceeding decided'.

(Para 30)

Indian Penal Code, 1860 (45 of 1860), Section 498A, 504 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 – Cruelty against wife -- Compromise quashing of FIR – Settlement took place and Respondent No.2/ complainant now started residing with petitioner/ husband, in the matrimonial home -- Sincere efforts, which they had made, must be recognized by the Court – FIR as well as, the proceedings resultant thereto quashed.

(Para 13-19)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 294 – Formal proof of documents -- Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Code without proof of the signature of the person to whom it purports to be signed -- If the authors of such documents does not enter the witness box to prove their signatures, the said documents could still be read in evidence -- Court has the jurisdiction in its discretion to require such signature to be proved.

(Para 15)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 294 – Formal proof of documents – Requirement of -- Documents filed by the investigating agency were all public documents duly signed by public servants in their respective capacities either as Investigating Officer or the doctor conducting the autopsy or other police officials preparing the memo of recoveries etc. -- As such the Trial Court had rightly relied upon the same and exhibited them in view of the specific repeated stand taken by the defence in admitting the genuineness of the said documents -- However, if the evidence was not credit-worthy and worthy of reliance, the accused could be given benefit of doubt or clean acquittal.

(Para 15, 16)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 378 – Acquittal in cheque bounce complaint -- Bribe money – Legally enforceable liability -- A payment made as a bribe, being an illegal and immoral transaction, does not constitute a legally enforceable liability -- Cheque issued in furtherance of an unlawful act cannot give rise to criminal liability under the Negotiable Instruments Act – Acquittal order, upheld.

(Para 7-9)

Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 143 -- Immoral Traffic (Prevention) Act, 1956 (104 of 1956), Section 3, 4, 5 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Trafficking of person – Regular bail -- Police raided a hotel and the applicant was found in a room with a woman -- Co-accused was running a brothel in the hotel -- Applicant was customer in the hotel -- Fit case for bail – Bail Allowed.

(Para 3-7)

Constitution of India, Article 226 -- Transfer policy of Himachal Pradesh Gramin Bank, Clause 19 – Superannuation due in two years -- Transfer of employee made 350 km away – Sustainability of – Non-performance of employee – Effect of -- In terms of the Transfer Policy, the petitioner was to be adjusted either at a station of his choice or at a place nearer to his home town -- Even if, transfer of the petitioner was on account of non-performance, then also the same cannot be used as a tool to punish the petitioner by transferring him to a station of more than 350 kilometers away as the petitioner was entitled for the benefit of Clause-19 of the Transfer Policy – Author of the Policy cannot be allowed to go behind the Policy and use and abuse the Policy as per its own whims and fancies – Impugned transfer order set aside.

(Para 7-10)

Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (15 of 2022), Section 3, 4 -- Punjab Good Conduct Prisoners’ (Temporary Release) Act, 1962 (11 of 1962), Section 3, 4 -- Prisons Act, 1894 (9 of 1894), Section 45 -- Punjab Jail Manual, Para 607 – Constitution of India, Article 21 -- Unauthorised possession of mobile phone in jail – Denial of Parole – Ground of:

– It is oppressive, till an accused is declared guilty, through a verdict becoming passed by the court of competent jurisdiction, thus thereupto rather he is presumed to be innocent

– It would create an unreasonable classification against inmated prisoners, who merely unauthorizedly possess mobile phones.

– Principle of fair trial, quartered within the domain of Article 21 of the Constitution of India -- Said constitutional norm cannot be breached even in respect of a prisoner.

-- Home Secretaries of the State of Haryana and Punjab to forthwith install STD facilities in the jails concerned, so that therebys the inmates prisoners can communicate with their friends and relatives, but, on payment of relevant charges.

Parole is not to be denied in a mechanical manner, without application of mind -- District Magistrates/ competent authority directed to apply their mind objectively to the relevant material furnished by the police, local Panchayats and only in cases where they receive cogent, tangible and concrete evidence indicating that the inmated prisoner, if released on parole, would be an imminent threat to the security and peace of the area concerned, thus thereupon they may well consider to, on good reasons, reject his/ her application for parole -- In the event of the competent authorities not objectively applying their mind they would be liable for censure/ disciplinary action for theirs prompting frivolous and avoidable litigation.

(Para 25-30, 43, 45)

U.P. Excise Act, 1910 (IV of 1910), Section 11(1)(2) – Constitution of India, Article 226 -- Appellate order challenged in writ – Alternative remedy of revision -- The questions raised in writ can be gone into by the revisional authority in the revision filed by the petitioner u/s 11(2) of the U.P. Excise Act, 1910 -- Writ petition disposed of, with a liberty to file a revision before the State Government within seven days and the revisional authority shall pass order in accordance with law -- Till filing of the revision, impugned order stayed.

(Para 4, 6)

Indian Penal Code, 1860 (45 of 1860), Section 302, 210, 120B – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder – Regular bail – Allegation that the petitioner along with her co-accused had committed the murder of her younger son as he had seen the petitioner and her co-accused in a compromising position – Petitioner in custody since 18.09.2020 -- Trial is not likely to be concluded in near future -- Nothing on record to suggest that the delay in trial is attributable to the petitioner -- Prosecution has cited total 38 witnesses, out of which only five have been examined till date -- Petitioner does not have any criminal history – Bail allowed.

(Para 4, 7, 19)

Constitution of India, Article 226 – Conversion of residential property to commercial -- Show cause notice – Challenge to – Writ jurisdiction -- Show cause notice to the petitioner calling upon to show cause as to why the property be not sealed and demolished -- Petitioner can show the reasons to the competent authority why show cause notice be discharged and can get appropriate orders -- Writ petition is not maintainable against a show cause notice, dismissed in-limine.

(Para 1-4)

A. Specific Relief Act, 1963 (47 of 1963), Section 16 -- Suit for specific performance -- Agreement to sell/ Document -- Onus to prove -- When the question before the court is as to "whether the transaction in question was a bona fide and genuine one", it is for the party/plaintiff relying on the transaction, who has to first of all prove its genuineness and only thereafter would the defendant be required to discharge the burden in order to dislodge such proof and establish that the transaction was sham and fictitious.

(Para 21)

B. Specific Relief Act, 1963 (47 of 1963), Section 16 -- Suit for specific performance -- Agreement to sell – Proof of -- Readiness and Willingness – Non-reply to legal notice by defendant – Effect of -- Question of readiness and willingness on the part of plaintiffs will arise only in case the valid execution of agreement to sell is proved on record -- Once the agreement to sell is not proved to be validly executed any readiness and willingness on the part of the plaintiff loses its significance -- Simply because defendants did not respond to the legal notice will not mean that they admitted the agreement to sell or they were bound to execute the sale deed.

(Para 49)

C. Punjab Courts Act, 1918 (6 of 1918), Section 41 – Code of Civil Procedure, 1908 (V of 1908), Section 100 – Regular Second Appeal -- Concurrent finding of facts of two courts -- Scope to interfere by the High Court – High Court is not to interfere with the concurrent findings of the Courts below but it is not an absolute rule -- There are some exceptions for interference by the High Court, when it is found that:

-- When finding of fact by the Courts below is vitiated by non-consideration of material evidence or erroneous approach.

-- The Courts have drawn wrong inferences from the proved facts by applying the law erroneously.

-- The Courts have wrongly cast the burden of proof.

-- When decision is based upon no evidence, which would mean that not only there is total dearth of evidence but also, where is the evidence taken as a whole, is not reasonably capable of supporting the finding.

-- When the judgment of the final Court of fact is based on misinterpretation of documentary evidence or on consideration of inadmissible evidence or ignoring material evidence.

(Para 60)

D. Specific Relief Act, 1963 (47 of 1963), Section 16 – Code of Civil Procedure, 1908 (V of 1908), Order 9 Rule 1 -- Suit for specific performance -- Non-joinder of necessary party -- Effect of -- Co-owners in the suit property to the extent of 1/25th share each at the time of filing of the suit were necessary party to the suit -- Legal heirs of one of the executants of the agreement to sell, were not brought on record -- Suit is bad for non-joinder of necessary parties and on this ground alone, the suit was liable to be dismissed.

(Para 64-69)

E. Specific Relief Act, 1963 (47 of 1963), Section 12, 16 – Capital of Punjab (Development and Regulation) Act, 1952 (27 of 1952), Section 5, 22 -- Chandigarh (Sale of Sites and Buildings) Rules 1960, Rule 14 – Agreement to sell -- Part performance of contract – Fragmentation, division, bifurcation and apart-mentalization of residential unit in Phase-I of Chandigarh are prohibited -- Suit property falls in this category – By permitting part performance of the contract, fragmentation cannot be allowed by Court, as it will be in clear violation of law.

(Para 74, 75)

F. Specific Relief Act, 1963 (47 of 1963), Section 16 – Suit for specific performance -- Absence of clause in the agreement for seeking specific performance -- Contract provides for the alternative in case of default – It cannot be a reason to decline the relief of specific performance.

(Para 79)

G. Specific Relief Act, 1963 (47 of 1963), Section 16 – Suit for specific performance -- Escalation of price – Effect of -- Escalation in prices cannot be a ground to decline the relief of specific performance nor the hardship on the part of vendors be a ground but still the Court is required to look into all the facts and circumstances in order to see as to whether the equity lies in favour of the plaintiff to grant the relief of specific performance -- Discretion is to be exercised based upon the sound judicial principles.

(Para 81, 82)

A. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(r)(s) – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Offence under SC/ST Act – Quashing of FIR -- Conversation on telephone -- Utterance of word in public view -- No offence is made out by a conversation on a telephone as the telephone is not a public place – FIR show that when the words were used by the petitioner, the informant had heard them over the phone and the incident does not satisfy the requirement of using the words in a public place within the public view -- Hence, even if the allegations in the FIR are assumed to be correct, no case for the commission of offences punishable under Section 3(1)(r) and 3(1)(s) of the SC&ST Act is made out against the petitioner.

(Para 21-23)

B. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(r)(s) – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Section 3(1)(r)(s) – Offence under SC/ST Act – Quashing of FIR -- Conversation on telephone -- FIR does not state that the words were used to humiliate the informant -- It was only said that the words used by the petitioner over the phone call amounted to insulting a member of a scheduled caste community in a public place -- Police had also not found any material to file the charge sheet against the petitioner and had prepared a cancellation report -- Thus, in these circumstances, the continuation of the proceedings would be an abuse of the process of the Court – FIR and consequential proceedings arising out of the same quashed.

(Para 26-28)

Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12, 18 -- Indian Penal Code, 1860 (45 of 1860), Sections 363, 366, 376, 376(3) -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3, 4 – POCSO – Rape -- Bail to Child in conflict with law (CIL/ Tried as an adult) -- Victim not supported the prosecution case -- For a CIL, every offence is bailable -- The law commands that CIL shall be released on bail -- Section 12 of the Act makes provision in this regard -- According to it, bail may be denied to a CIL if there are reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to any moral, physical or psychological danger, or his release would defeat the ends of justice -- Riders, as given in the proviso to Section 12(1) of the Act are not attracted in the case -- CIL ordered be given into the custody of his father.

(Para 5-10)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Quashing of FIR – Locus standi of informant / victim -- Informant set the criminal law in motion and she cannot be aggrieved from the continuation of the proceedings and does not have any locus standi to file a petition for quashing the FIR.

(Para 1, 8)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Indian Penal Code, 1860 (45 of 1860), Section 376 – Compromise quashing of FIR – Rape -- Offence punishable u/s 376 of IPC is not only non-compoundable but cannot be quashed based on the compromise in the exercise of the power u/s 482 of Cr.P.C.

(Para 14)

Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 329(3), 303 (2), 351(2) – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 -- Anticipatory bail -- Theft – Criminal trespass -- Encroachment over land, hurling abuses and extending threats -- Dispute involved is of civil nature which has been given a criminal colour by the complainant -- Petitioners have bona fide intentions and are willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency within the stipulated time period -- No reason to deny the petitioners the concession of anticipatory bail – Bail allowed.

(Para 1, 2, 4, 5)

A. Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973), Section 13 -- Eviction of tenant -- Cease to occupy -- Neighbourer to the shop deposed and supported the ground of cease to occupy -- Testimony of PW4-Advocate, Local Commissioner and report that the shop was closed at the time of his visit, from the position of shutter, it appeared that the same had not been opened for long time as dust was collected on the shutter and the webs were appearing on the roof the shop -- Both side locks were in rusted condition with sand lying upon them -- The persons present at the spot also told that shop was lying closed for a long time -- Photographs clicked from the spot also supported this fact -- Respondent-tenant could not produce any evidence regarding running of the shop – No electricity bill produced, electricity connection had been disconnected -- No document produced by the tenants to show that any business was being carried on in the demised premises – Eviction order upheld.

(Para 3.3, 17, 19, 20)

B. Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973), Section 13 -- Bonafide need – Government employee/ Landlord – Ejectment petition after three year of retirement -- It is the specific case of the landlord, supported by evidence, that he required the shop to start his own business to carry on the stationery and sports item therein -- No convincing evidence to rebut the said evidence -- Landlord is the best judge of his requirement -- Bona fide necessity cannot be disbelieved only for the reason that landlord approached the Court for seeking ejectment three years after his requirement -- Eviction order upheld.

(Para 3.3, 18-20)

Indian Penal Code, 1860 (45 of 1860), Section 354 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 9, 10 – POCSO -- Short term bail on the ground of illness of daughter -- Eldest daughter of the applicant, who is 18 years of age, is prone to epilepsy; she is mentally retarded; quite often, she is to be taken to hospital -- Applicant wants to get her examined -- On the humanitarian ground, applicant granted short term bail for a period of two weeks.

(Para 3-5)

Constitution of India, Article 226 -- Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (54 of 2002), Section 14 -- SARFAESI proceedings – Duty of Magistrate – Thirty days’ time period for decision -- Writ petition for a direction to the District Magistrate to decide the application u/s 14 of the SARFAESI Act, 2002 expeditiously -- Writ of mandamus issued to the District Magistrate, to decide the application, as expeditiously as possible, but not later than fifteen days.

(Para 1-4)

Constitution of India, Article 226 -- Writ seeking acquisition of land and compensation – Road already built up in 1973, thereafter, the road was transferred to National Highway Authority of India in 2010 – Now after a period of more than 51 years, the petitioners are coming forward to claim for acquisition and compensation -- Claim of the petitioners is hopelessly time barred – Writ dismissed.

(Para 1-5)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 14-A, 3(2)(v) – Indian Penal Code, 1860 (45 of 1860), Section 147, 148, 149, 302, 307, 452, 506, 120-B -- Arms Act, 1959 (54 of 1959), Section 25 – Murder – Conspiracy -- Regular bail -- Appellant nominated as an accused only for being part of the conspiracy to the crime in question and he was not present when the alleged murder took place – Bail allowed.

(Para 5, 6)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 – Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15(b), 27A, 29  – NDPS – Anticipatory bail – Pendency of other case – Effect of -- Strict adherence to the rule of denial of bail on account of pendency of other cases/ convictions in all probability would lend the petitioner in a situation of denial the concession of bail -- Petitioner was nominated as an accused on the basis of disclosure statement suffered by the main accused and the recovery has been effected from him --  Nothing is to be recovered from the petitioner -- Bail allowed.

(Para 4)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 52A – NDPS – Acquittal – Re-enclose of examined stuff -- Seal of FSL – Recruitment of -- Chemical examiner, after examining the stuff inside the sealed cloth parcels, omitted to re-enclose the examined stuff inside the cloth parcels, and, also omitted to emboss thereon the seals of the FSL -- Such loose and unsealed cloth parcels comprising the case property produced in Court -- Identification of the case property made in Court and the exhibit marks were made -- Held, report of the FSL looses its evidentiary vigour -- Accused become entitled to an acquittal – Appeal allowed, conviction order set aside.

(Para 18-25)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 22(C), 60, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Commercial quantity -- Regular bail – Rigour of Section 37 of NDPS Act -- Denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial -- Applicants are in custody for more than a year -- For more than six months, no progress was made in the case -- Trial has yet not concluded -- It commands the Court to release the applicants on bail -- Bail applications allowed.

(Para 4-11)

Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Act, 1984 (Act No. 18 of 1984) -- Constitution of India, Article 16(2) -- Compassionate appointment in temple-trust – Bonafide Himachali certificate – Requirement of -- Appointment rejected on the ground that the petitioner does not possess the bonafide Himachali Certificate -- Rejection of appointment not at all sustainable in the eyes of law – Appointment on compassionate basis cannot be refused on a ground which defeats the constitutional provisions per se -- No other infirmity in the candidature of the petitioner -- Petition allowed, impugned communication quashed, respondents directed to offer appointment to the petitioner on compassionate basis forthwith.

(Para 5, 9-12)

Code of Criminal Procedure, 1973 (2 of 1974), Section 301, 302, 311 – Production of material object -- Conducting of trial – Power of -- Public Prosecutor or the Assistant Public Prosecutor are authorized to conduct a criminal case and any pleader instructed by the Public Prosecutor -- Complainant could not have filed the application through counsel without permission of the Assistant Public Prosecutor, who was conducting the prosecution in the case -- Such an application was not maintainable -- No permission was sought by the complainant from the learned Trial Court to conduct the prosecution -- Thus, the objection of the State that the complainant had no locus standi to file the application has to be upheld.

(Para 2, 15-18)

Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 140, 142, 351, 62 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Kidnapping or abduction in order to murder or for ransom (Section 140) – Compromise quashing of FIR --  Compromise has been effected between the parties voluntarily and without any coercion or undue influence – No useful purpose would be served to continue with the proceedings before the trial Court in the F.I.R. – FIR and all subsequent proceedings arising therefrom quashed.

(Para 3-5)

A. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder -- Post mortem report – Evidential value -- A post mortem report is generally not considered as conclusive evidence of the facts mentioned in the report regarding the cause of death, time of death etc. -- It could always be corroborated with other direct evidence on record such as ocular evidence of the eye witnesses -- However, when there is no other credible evidence on record to contradict the report, the facts stated in the post mortem report are generally taken as true.

(Para 30)

B. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Circumstantial evidence -- It is trite law that in a case based on circumstantial evidence, the chain of evidence must be complete and must give out an inescapable conclusion of guilt.

(Para 35)

C. Indian Evidence Act, 1872 (1 of 1872), Section 8 -- Indian Penal Code, 1860 (45 of 1860), Section 302, 364 -- Kidnapping – Murder -- Motive -- Without the proof of foundational facts, the case of the prosecution cannot succeed on the presence of motive alone -- Accused persons and the eyewitnesses belong to the same family and the presence of a property related dispute is evident -- In a hypothetical sense, both the sides could benefit from implicating the other -- In such circumstances, placing reliance upon motive alone could be a double-edged sword.

(Para 35)

Indian Penal Code, 1860 (45 of 1860), Section 307,324, 323, 427, 506, 341, 148, 149, 120-B (326, 201 and 34 added lateron) – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Attempt to murder – Compromise quashing of FIR -- Compromise arrived at between the parties is genuine and without any pressure -- No useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons – FIR and all consequential proceedings quashed.

(Para 2-5)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 115(2), 127(2), 191(3), 190 – Rioting armed with deadly weapon/ Sec.190(3) -- Compromise quashing of FIR --  Compromise has been effected between the parties voluntarily and without any coercion or undue influence – No useful purpose would be served to continue with the proceedings before the trial Court in the F.I.R. – FIR and all subsequent proceedings arising therefrom quashed.

(Para 3-5)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 140, 142, 351, 52 – Kidnapping or abduction in order to murder or for ransom (Section 140) – Compromise quashing of FIR --  Compromise has been effected between the parties voluntarily and without any coercion or undue influence – No useful purpose would be served to continue with the proceedings before the trial Court in the F.I.R. – FIR and all subsequent proceedings arising therefrom quashed.

(Para 3-5)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of FIR – Civil Character cases – Criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.

(Para 31)

B. Indian Penal Code, 1860 (45 of 1860), Section 120-B, 420, 409, 467, 468, 471 -- Prevention of Corruption Act, 1988 (49 of 1988), Section 13(1)(d), 13(2) – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of criminal proceedings – Cheating/ forgery with Bank – Corruption case -- Bank and the accused persons have settled the matter – Borrowers have paid an amount of Rs.3,80,00,000/- under OTS -- After receipt of the amount under OTS, the Bank had also decided to close the loan account -- Dispute involved predominantly had overtures of a civil dispute -- Possibility of conviction is remote and bleak -- High Court ought to have exercised its jurisdiction u/s 482 CrPC and quash the criminal proceedings – Criminal proceedings quashed.

(Para 3.6, 34-39)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Indian Penal Code, 1860 (45 of 1860), Section 420 – Punjab Prevention of Human Smuggling Act, 2012 (2 of 2013), Section 13 – Compromise quashing of FIR -- Human Smuggling – Cheating – Compromise effected between the parties without any pressure or coercion and out of their free will -- FIR and all consequential proceedings quashed.

(Para 3, 5-7)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Indian Penal Code, 1860 (45 of 1860), Section 389, 34 – Compromise quashing of FIR – Putting person in fear of accusation of offence, in order to commit extortion (Section 389 IPC) – Offence for which the accused have been charged are not of serious nature – Compromise will go a long way in ironing out the differences for betterment of future life of the parties – FIR alongwith all consequential proceedings arising therefrom quashed.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 307-- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Attempt to murder – Regular bail -- Petitioner was arrested on 06.05.2024 and final report u/s 173 Cr.P.C. presented -- Petitioner is a first offender and there is no material on record to indicate that the petitioner is in a position to tamper with the prosecution evidence -- Further custody of the petitioner will not serve any meaningful purpose – Bail allowed.

(Para 5, 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 42, 43 -- NDPS Case – Search and seizure – Procedure of -- Material difference between the provisions of Sections 42 and 43 of the NDPS Act is that Section 42 requires recording of reasons for believing and for taking down of information received in writing with regard to the commission of an offence before conducting search and seizure -- While acting u/s 43 of the NDPS Act, the empowered officer has the power of seizure of articles etc., and the arrest of a person, who is found to be in possession of any narcotic drugs and psychotropic substances in a public place where such possession appears to him to be unlawful.

-- A nakka was set up on Highway and at the instance of the secret informer, a truck was stopped and the driver of the truck was apprehended -- State has rightly submitted that the provisions of Section 43 of the NDPS Act would be applicable and provisions of Section 42 of the NDPS Act are held to be not applicable.

(Para 2, 8, 9)

Constitution of India, Article 14 – Contractual employee -- Regularization of service -- Petitioner was appointed as a Driver in 2005 on contract basis -- Service of the petitioner was regularized in the year, 2012 -- Petitioner held entitled to regularization from the date of completion of one year contractual service after initial appointment, with all consequential benefits from the due date. Covered matter, Vikram Singh’s case 2023 :HHC: 13114 = (2023) Law Today Live Doc. Id. 19595.

(Para 7)

Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 125(a), 281 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 – Compromise quashing of FIR -- Rash and negligent driving/ endangering life – Offences alleged to have been committed by petitioner do not involve offences of moral turpitude or any grave/ heinous crime, rather same are petty offences -- Possibility of conviction is remote and no fruitful purpose would be served in continuing with the criminal proceedings -- FIR as well as consequential proceedings quashed and set aside.

(Para 10, 11)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(r) – Indian Penal Code, 1860 (45 of 1860), Section 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Case under SC/ ST Act – Compromise quashing of FIR – FIR along with all subsequent proceedings arising therefrom quashed.

(Para 4)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Conviction in cheque bounce complaint – Compromise quashing of conviction and sentence – Back-out from compromise – Effect of -- As per compromise, the petitioner has already paid Rs.3,00,000/- to the complainant and the complainant pleaded no objection -- Held, resiling from the compromise by the complainant is immaterial and the continuation of the case would be an abuse of the process of the Court -- Petition allowed, complaint alongwith the judgment of conviction and order of sentence quashed on the basis of compromise.

(Para 5-8)

A. Service matter -- Retirement of employee -- Leave encashment – Extension of service -- Carry forward of leave encashment -- Employee retired at the age of 58 years, entitled for maximum of 300 days of leave encashment -- Employee could not apply for extension only to adjust the unutilized earned leaves as only encashment of 300 days is admissible -- Petitioner availed 29 days of leave hence, 21 days leave which is more than the 8 days leave admissible during the extension period, same is to be deducted from the total kitty of 300 days leave.

(Para 10, 11)

B. Service matter -- Delay in retiral benefits – Interest thereupon -- Petitioner retired from service after availing the benefit of extension on 28.02.2017 but her retiral benefits have been released on 27.06.2017 without there being any impediment -- Petitioner held entitled for the grant of benefit of interest on the delayed release of her pensionary benefits @ 6% per annum from the date the same became due till the actual payment of the same.

(Para 13)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 29, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Commercial quantity – Regular bail – Rigors of Section 37 of NDPS Act -- Petitioner is in custody for last 1 year and 10 days -- Charges framed on 08.04.2024, out of a total of 18 prosecution witnesses, none has been examined so far -- Trial is likely to take a considerable time, thus his further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India -- Rigors of Section 37 of NDPS Act can be diluted bearing in mind the right to a speedy trial – Bail allowed.

(Para 8, 9)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) Section 491, 492, 528 – Constitution of India, Article 21 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 61, 85 – Solitary absence of the petitioner/ accused -- Forfeiture of bail bond -- 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 willful absence -- 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 --  Petitioner himself come forward and has undertaken to appear before the trial Court on each and every date -- Petition allowed, impugned order set aside.

(Para 10-12)

Hindu Marriage Act, 1955 (25 of 1955), Section 13 – Code of Criminal Procedure, 1973 (2 of 1974), Section 125 -- Maintenance to wife -- Divorce petition pending – Applicant is to be treated as the legally wedded wife of the respondent till the marriage between them is dissolved by a valid decree of divorce -- Maintenance cannot be denied to her simply on the ground that the respondent has filed a petition for declaring the marriage as a nullity – Husband earning Rs. 2,47,661/- and he was getting Rs.1,38,546/- after the deduction of PF and income tax -- Maintenance of Rs. 25,000/- per month cannot be said to be excessive.

(Para 16, 19)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 77, 115(2), 117(2), 190, 191(2), 351(3), 352 – Voyeurism – Rioting – Compromise quashing of FIR -- Offences alleged to have been committed by the petitioners do not involve offences of moral turpitude or any grave/ heinous crime, rather same are petty offences -- FIR as well as consequent proceedings  quashed and set aside.

(Para 10,11)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 – Indian Penal Code, 1860 (45 of 1860), Section 376(2)(n) – Chatur Varshik Shradh of deceased father of convict – Interim bail -- Rape convict for 10 years -- Denial or curtailment or deprivation of interim release shall defeat the object and intent of reformation, which is the heart and core of criminal justice -- Interim bail granted commencing from 12th October 2024 till 20th October, 2024 with two police personnels.

(Para 5, 6)

Indian Evidence Act, 1872 (1 of 1872), Section 65B – Primary evidence -- Original mobile tendered in evidence -- Certificate u/s 65B of Evidence Act – Requirement of -- Once the plaintiff offered to tender original mobile-phone which is a primary evidence, there was no requirement for certification under Section 65-B of the Evidence Act as the same is contemplated in a situation wherein electronic evidence is being led by way of secondary evidence.

(Para 14)

A. Indian Penal Code, 1860 (45 of 1860), Section 107, 306 -- Abetment of suicide – Ingredients fulfilled if the suicide is committed by the deceased due to direct and alarming encouragement/ incitement by the accused leaving no option but to commit suicide.

(Para 21)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 107, 306 -- Abetment of suicide – Quashing of FIR -- Extreme action of committing suicide on account of great disturbance to the psychological imbalance of the deceased such incitement can be divided into two broad categories. First, where the deceased is having sentimental ties or physical relations with the accused and the second category would be where the deceased is having relations with the accused in his or her official capacity.

-- In the case of former category sometimes a normal quarrel or the hot exchange of words may result into immediate psychological imbalance, consequently creating a situation of depression, loss of charm in life and if the person is unable to control sentiments of expectations, it may give temptations to the person to commit suicide -- Relation of husband and wife, mother and son, brother and sister, sister and sister and other relations of such type, where sentimental tie is by blood or due to physical relations.

-- In the case of second category the tie is on account of official relations, where the expectations would be to discharge the obligations as provided for such duty in law and to receive the considerations as provided in law.

Former category leaves more expectations, whereas in the latter category, by and large, the expectations and obligations are prescribed by law, rules, policies and regulations -- It is for the police and the courts of law to look into the matter and see that the persons against whom allegations have been levelled are not unnecessarily harassed or they are not put to trial just for the sake of prosecuting them.

(Para 10-22)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 107, 306 -- Abetment of suicide – Deceased humiliated in the official meeting -- Quashing of FIR – Inherent jurisdiction of High Court – Appellant-Senior officers convened a meeting with the employees of the company -- Company wanted around fifty to sixty office employees to opt for Voluntary Retirement Scheme (VRS) --  Alleged that in the course of the meeting the deceased was humiliated by the appellants & he felt very bad about it and he committed suicide – No case against the appellants made out – Appeal allowed, Criminal proceedings quashed.

(Para 4, 23-26)

Code of Criminal Procedure, 1973 (2 of 1974), Section 437, 438 – Indian Penal Code, 1860 (45 of 1860), Section 406, 420, 120B -- Anticipatory bail -- Onerous condition -- Court can impose necessary, just and reasonable conditions while enlarging an accused on bail -- Any other condition not specified u/s 438 Cr.P.C. may also be imposed by the Court, but the other conditions, which may be imposed, must be ejusdem generis as the condition specified u/s 438 Cr.P.C.  -- Condition of tendering a FDR of Rs. 3,90,00,000/- on the case file by the petitioners was highly unwarranted, unreasonable and onerous and is liable to be set aside – Condition set aside.

(Para 10-17)