Court cannot quash criminal proceedings under S. 482 CrPC relying on assumptions

Orissa High Court: While deciding the issue that whether it would be proper to quash the criminal proceedings against the petitioner in an offence of abduction and gang rape especially when prima facie materials on record concerning his complicity in the crime have been collected during course of investigation, but the co-accused persons have been acquitted of all the charges on the ground that the victim and other independent witnesses have not supported the prosecution case, the Bench of S.K. Sahoo, J., dismissing the petition, held that a Court cannot quash the criminal proceedings against the petitioner forming an assumption on the ground that the co-accused persons have been acquitted as the victim did not support the prosecution case. As per the facts, the petitioner and other co- accused persons was charged under Sections 363/366/376(2) (g) read with Section 34 IPC and Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, for abducting and gang raping a married woman. The victim however turned a hostile witness, as a result of which the co- accused persons were acquitted. Arupananda Das, Addl. Government Advocate for the State put forth before the Court that during course of investigation and from the statements of the victim, prima facie case was found against the petitioner and accordingly, charge sheet was submitted.…
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Accused entitled to benefit of doubt in absence of concrete evidence collected in raids under NDPS Act

Delhi High Court: A Single Judge Bench comprising of A.K. Pathak, J., set aside a conviction order by giving benefit of doubt to the accused-appellants. Appellant Pappu Kumar alias Kallu had been convicted under Section 20 (b)(ii)(C) of the NDPS Act, 1985, and sentenced to 12 years RI with fine of Rs. 1,50,000 whereas appellant Deepak Sharma, had been convicted under Section 20(b)(ii)(B) of the Act and sentenced to 4 years RI with fine of Rs. 50,000. The prosecution story revolves around the information given by a secret informer that the appellants would arrive at a location to supply a large quantity of ganja to someone. According, to prosecution’s story, a raiding party was formed and it went to the location along with the informer, a group of bystanders were asked to join the raiding party but they refused. The appellants were arrested and notice under Section 50 of the Act was served to them. However they refused, in writing to go to the nearest gazetted officer of any of the departments mentioned in Section 42 or to the nearest Magistrate to have their search conducted before them. It was further stated that 10 kg ganja was recovered from both the persons, out of which 250 gm were taken from each bundle of contraband as sample.…
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Once FIR is quashed under S. 482 CrPC, no inference should be drawn to impute any adverse antecedents thus depriving an individual from seeking public employment

Tripura High Court: While deciding upon the present writ petition wherein the petitioner’s appointment in Group- D post was cancelled by the respondents (High Court of Tripura) on the ground of an FIR registered against him, the Division Bench of Ajay Rastogi, C.J., and S. Talapatra,J., held that the FIR once registered has been quashed by the Court under Section 482 of Cr.PC, no inference can be drawn to impute any adverse antecedents which in any manner may deprive an individual from seeking public employment. As per the facts, the petitioner was duly selected in Group D post. However the petitioner’s selection was cancelled owing to the fact that an FIR was registered against him under Ss. 3,4,5,6(2)(4) & 7 of the Immoral Traffic (Prevention) Act, 1956. Th petitioner challenged the FIR and it was subsequently quashed by this Court in exercise of its powers under S. 482 of CrPC. Yet even after the quashment, the respondents refused to consider the petitioner’s appointment on the ground that his conduct does not generate confidence for employment in the service of the High Court. The petitioner argued that there was no misrepresentation on his part and the FIR against him was a result of false implication; and once this Court has quashed the FIR, the petitioner had a clean record again.…
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Criminal proceedings quashed in light of settlement between parties

Himachal Pradesh High Court: A Single Judge Bench comprising of Ajay Mohan Goel, J., decided a criminal petition filed under Section 482 of CrPC, wherein the FIR and proceedings arising thereunder against the petitioners were quashed in light of settlement between the parties. FIR was registered against the petitioners under Sections 420, 465, 467, 469, 471, 406 and 120-B of IPC. It was submitted that the issue which led to registration of the FIR stood amicably settled between the parties. The complainant company too submitted before the court that it had no issue if the said FIR and the proceedings arising thereunder are quashed by the Court, as they have settled the matter with the petitioners. The High Court perused the record and held that it was a fit case to exercise its inherent powers in favour of the petitioners. The complainant company did not have any objection if the petition was allowed. The matter stood settled between the parties already. It was held that it was in the interest of justice if the said FIR and the proceedings arising thereunder were quashed. The Court ordered accordingly. [Pankaj Gupta v. State of H.P., Crl. MMO No. 50 of 2018, dated 11.4.2018] Tweet The post Criminal proceedings quashed in light of settlement between parties appeared first on SCC Blog.…
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Arrest under SC & ST Act, 1989 must be made with prior approval of SSP concerned, and only after recording reasons of arrest in writing

Madhya Pradesh High Court: While disposing off the present appeal wherein the appellant was charged under Section 3(2)(va) and 3(1)(d) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Bench of J.P. Gupta, J., reiterated the recent Supreme Court decision in Subhash Kashinath Mahajan v. State of Maharashtra, 2018 SCC OnLine SC 323, holding that a police officer, who intends to arrest a person, who is not a government servant and is accused of the offence punishable under the 1989 Act, such arrest should be made with prior approval of the S.S.P concerned, only after recording the reasons of arrest in writing. As per the facts, the appellant was the owner of the bus on which the complainant was working as a Driver. It was alleged that when the complainant demanded arrears of salary, he was abused publicly by referring to his caste. The complainant belongs to the Scheduled Tribe community. The appellant’s counsel Harshwardhan Singh Rajput refuted the allegations and prayed before the Court to issue directions in sync with the guidelines laid down in the aforementioned Supreme Court judgment. On perusal of the facts, the Court observed that there is no evidence to show that the FIR against the appellant was filed with malafide intentions, therefore the appellant is not entitled to get anticipatory bail.…
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Changes in name’ and ‘corrections in name’ envisaged separately under CBSE Examination Bye-laws of 2015 and to be treated as such

Delhi High Court: A Division Bench comprising of S. Ravindra Bhat and A.K. Chawla, JJ., allowed a letters patent appeal against the dismissal of a writ petition (hereinafter ‘subject petition’) seeking corrections/amendments to her and her parents’ names in the appellant’s class X grade sheet issued on 28.05.2016. The case of the appellant was that her name Ms. Arya Kariyatil Chendakera, her father’s name, Sh. Kariyatil Chendakera Deleep Kumar and her mother’s name, Smt. Kavitha Deleep were recorded as Arya K C, K C Dilip and Kavitha Dilip respectively in the school records due to inadvertence which resulted in the class X grade sheet being issued with the same typographical errors. The appellant asserted that the correct names of her parents were so recorded in their respective Aadhar cards and passports, and that the mismatching of names in the said documents would lead to unnecessary hardships. The subject petition was dismissed on grounds that it was ‘change in name’ as envisaged under Bye-Law 69.1(i) of the Examination Bye-laws 1995 and that the change itself was being sought beyond one year after the declaration of the result. The appellant contended that the relief being sought was that of ‘correction in name’ under the amended Bye-law 69.1(ii) and not 69.1(i).…
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‘Live link’ between the act of appellant and the act of deceased is necessary for conviction under S. 306 IPC

Chhattisgarh High Court: The appellant was acquitted of the charges under Section 306 IPC by a Single Judge Bench comprising of Ram Prasanna Sharma, J., holding that there was no live link between the act of the appellant and suicide of the deceased so as to convict the appellant under the section. The appellant-husband was alleged to have abetted the suicide of the deceased-wife. The statement of witnesses pointed to the fact that the appellant had assaulted the deceased on one previous occasion; however the date of such incident was not clear. The High Court perused Section 306 along with Section 107 of IPC and observed that the abetment involves a mental process of instigating a person or intentionally aiding a person in doing a thing. Without a positive act on the part of accused to instigate or aid in committing suicide, conviction under Section 306 can not be sustained. In order to convict a person under Section 306, there has to be a clear mens rea to commit offence. It also requires an active act or direct act which leads deceased to commit suicide seeing no option and this act must have been intended to push deceased into such a position that he commits suicide.…
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Marital rape: A husband cannot be permitted to treat his wife like a chattel and violate her dignity 

Gujarat High Court: While deciding the present case wherein the focal point was marital rape and unnatural carnal activity, the Bench of J.B. Pardiwala, J., observed that a wife is not a chattel and a husband having sexual intercourse with his wife is not merely using a property, he is fulfilling a marital duty with a fellow human being with dignity equal to that he accords himself. He cannot be permitted to violate this dignity by coercing his wife to engage in a sexual act without her full and free consent. Furthermore, the Court urged that the time is ripe that the legislature intervenes and goes into the soul of the issue of marital rape as it is a serious matter which unfortunately is not attracting serious discussions at the end of the Government. In the present matter, the applicant was accused by his wife of inflicting torture and performing sexual activity (often unnatural) without her consent on many occasions. It was argued by the applicant’s counsel Jigar Gadhvi that, in India, marital rape is not recognized and the same is not an offence. However it was submitted that at the most a prima facie case of cruelty under S. 498A of IPC can be made out against the applicant.…
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Courts have to secure the welfare of minor children by exercising parens-patriae jurisdiction

Himachal Pradesh High Court: A Division Bench comprising of Tarlok Singh Chauhan and Chander Bhusan Barowalia, JJ., decided a criminal writ petition, wherein the minor petitioner was sent to Balika Ashram considering welfare of the minor child. The petitioner was a minor girl who met one ‘L’ through facebook and they developed mutual feelings for each other. The petitioner expressed to her parents that she wanted to marry ‘L’, but her parents did not agree. However, the petitioner married ‘L’ against wishes of her parents and was living with his family. The parents of the petitioner lodged complaint against ‘L’ under various sections of IPC and the POCSO Act, pursuant to which ‘L’ was arrested. The petitioner was handed over to her parents by the police. However, the petitioner came back and was since then living with parents of ‘L’. Question before the Court in this case was whether it should continue to entrust the custody of the minor child to father of ‘L’? The Court took notice of the fact that despite being served, father of the petitioner did not appear in the Court. It was observed that in such like cases, the court has to exercise parens-patriae jurisdiction as first and paramount consideration is the welfare of the minor child, especially when natural parents refuse to accept the child.…
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Arrest cannot be made in a routine manner on mere allegation of commission of an offence

Madhya Pradesh High Court: An appeal was filed under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 before a Single Judge Bench comprising of J.P. Gupta, J., wherein the appellant was granted anticipatory bail in a case registered under various provisions of IPC and the SC/ST Act, 1989. The complainant belonged to the Scheduled Tribe community and worked as a driver of the bus owned by the appellant. It was alleged by the complainant that the appellant assaulted him and abused him by addressing his caste. The appellant was consequently booked under various provisions of SC/ST Act and was apprehending arrest in connection with the same. He applied for anticipatory bail before the Special Judge which was dismissed. Hence, this appeal under Section 14-A of the SC/ST Act. While considering the instant appeal, the High Court referred to various decisions of the Supreme Court to observe that it is expected from a police officer, who intends to arrest a person, not being a government servant and is accused of the offence punishable under the Act of 1989, to arrest only with prior approval of the SSP concerned, and after recording the reasons of arrest in writing.…
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A major unmarried daughter is entitled to maintenance from her father under S. 125 CrPC

Bombay High Court: A Single Judge Bench comprising of Bharati H. Dangre, J., decided a writ petition filed by the petitioner-mother, wherein maintenance was allowed to the unmarried adult daughter holding that such a child was entitled to maintenance from her father under Section 125 CrPC. The petitioner and husband were married to each other but were living separately. The petitioner-mother filed the present petition on behalf of their unmarried major daughter (19 years of age), claiming maintenance for her. The question before the Court, inter alia, was whether an unmarried major daughter was entitled to maintenance under Section 125 of CrPC? The High Court perused the section as well as decisions of the Supreme Court and High Courts. The Court observed that under Section 125 of the CrPC it is only the minor child who is entitled to claim maintenance if such child is not able to maintain itself. A child who has attained majority is held entitled for claiming maintenance, if on account of physical or mental abnormality or injury he is unable to maintain himself. There is not any specific provision contained in Section 125 for grant of maintenance to a daughter who is major. However, considering decisions of the Supreme Court, the High Court held that the father cannot be extricated from his liability to maintain his unmarried daughter who is staying with his wife and he would be bound not only to maintain his unmarried daughter until her marriage.…
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CBSE, NCTE directed to hold TET at the earliest

Delhi High Court: A Single Judge Bench comprising of Rekha Palli, J., disposed of a petition against CBSE, filed by petitioners who claimed to be holders of Diploma in Elementary Education/Bachelor of Education. The petitioners were seeking directions to the respondents by the Court to hold the Central Teacher Eligibility Test (CTET) as expeditiously as possible. The petitioners contended that the petitioners are all eligible to be appointed as Primary Teachers/Trained Graduate Teachers however, they are not able to apply for the same against the vacancies being advertised by various employers only on account of not possessing the CTET. Respondent 1 (CBSE) pleaded that though it is authorized to conduct the examination but the same is done only upon instructions to that effect from Respondent 2 (NCTE) and that it has received no requisite instruction to that effect. NCTE, referred to Paras 4 and 11 of the guidelines for conducting TET, to contend that they have already authorised Respondent 1 to conduct the exam, and Respondent 1 has to conduct the same from time to time. The Court, noting that lack of communication between the parties and the resulting loss to eligible candidates, directed Respondent 1 to expeditiously hold the next CTET examination within four months.…
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