A. CrPC, 1973—Section 482—Quashing of Criminal Proceedings—High Court may exercise inherent powers to quash criminal proceedings arising from matrimonial disputes, even if offences are non-compoundable, where parties have genuinely and voluntarily settled the matter, the dispute is predominantly private, and continuation would amount to abuse of process. B. IPC, 1860 & Dowry Prohibition Act, 1961—Sections 498A, 323, 504/34 & Sections 3, 4—Where a matrimonial dispute has been amicably settled, and key accused (husband and father-in-law) have died, continuation of proceedings against remaining family members serves no purpose and constitutes abuse of judicial process. C. Criminal Law—Abuse of Process in Matrimonial Disputes—Continuing criminal proceedings after genuine settlement, part...

Penal Code, 1860 & Dowry Prohibition Act, 1961—Section 498A IPC, Sections 3 & 4 Dowry Prohibition Act—Quashing of Proceedings—Proceedings under Section 498A IPC and Sections 3 & 4 of the Dowry Prohibition Act can be quashed where allegations are general, omnibus, or fail to make out a prima facie case, particularly against aged parents residing separately abroad (Paras 20–22)—Under Section 482 CrPC, courts may intervene to prevent abuse of process, especially in matrimonial disputes involving prior divorce by mutual consent, delays in FIR filing, or prior litigation between parties (Paras 13–18)—While divorce does not automatically extinguish criminal liability for acts during marriage, it is relevant for assessing the viability of prosecution (Paras 9, 11)—Allegations of cruelty...

Criminal Procedure Code, 1973—Section 482—Quashing of Complaint/Protest Petition—Magistrate's Cognizance—Landlord-Tenant Dispute—Petitioners sought quashing of an order taking cognizance of offences under Sections 448, 323, 379, and 504 IPC, arising from a landlord-tenant dispute—Petitioners contended that the police had filed a final report absolving them of liability and that the Magistrate erred in treating a subsequent protest petition as a complaint, relying on Surendra Pandit v. State of Bihar—The Court held that acceptance of a police final report does not bar the Magistrate from taking cognizance under Section 190 Cr.P.C. if a complaint satisfies the requirements—Evidence on record, including inquiry witness statements, disclosed prima facie commission of offences—Allegatio...

Compassionate Appointment—Rejection—Surviving Family Member as Breadwinner—Evidence and Affidavit—Petitioner sought compassionate appointment following the death of her father—The Appointment Committee rejected the application on the ground that the younger brother was already employed as an Inspector in ITBP—Petitioner contended that she and her brother were separated and relied on a later affidavit filed by him to support her claim—The Court held that the earlier affidavit filed in 2016, supporting joint family status, had been considered by the Committee, while the subsequent 2023 affidavit claiming separation was an afterthought, filed years after the rejection—The rejection was upheld, noting that the primary purpose of compassionate appointment is to provide relief to families facing s...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 20(b)(ii)(c), 22(c), 23(c), 52A, 42, 55, 57—Conviction—Search, Seizure, Sampling, Procedural Safeguards—Under the NDPS Act, 1985, conviction for possession of contraband requires strict adherence to procedural safeguards, including search, seizure, sealing, labelling, and sampling—Section 52A mandates that inventories, photographs, and samples be certified by a Magistrate at the time of seizure; non-compliance or delayed compliance casts doubt on prosecution evidence—In the present case, contraband recovered from the roof of appellant’s house was not in conscious possession, and the prosecution failed to follow mandatory procedures, including certification by Magistrate and proper sampling—Discrepancies regarding place of recovery...

A. Penal Code, 1860 (IPC)—Section 376—Rape—False promise vs—breach of promise—Sexual exploitation based on a false promise to marry, made with no intention to marry from the outset, vitiates consent and constitutes rape—Mere breach of promise due to unforeseen circumstances does not amount to rape—The promise must be false ab initio and directly linked to the decision to engage in sexual activity. (Paras 10, 11, 13, 14) B. Criminal Procedure Code, 1973 (CrPC)—Section 227—Discharge—At the discharge stage, the court must form a preliminary opinion whether sufficient grounds exist for trial—Discharge cannot be rejected mechanically; a prima facie case must exist to proceed. (Para 17) C. Criminal Procedure Code, 1973 (CrPC)—Section 482—Inherent powers of High ...

Service Law—Disciplinary Proceedings—Natural Justice—Memo of Charge—Evidence—Bihar CCA Rules, 2005—Bihar School Examination Board Regulations, 1964—Quashing and Remand—Disciplinary proceedings are vitiated where the memo of charge does not contain the mandatory list of relied-upon documents and witnesses, in violation of the Bihar CCA Rules, 2005 and the Bihar School Examination Board Regulations, 1964—Failure to afford the delinquent employee an opportunity to cross-examine prosecution witnesses amounts to a serious breach of principles of natural justice—Reliance on unproved materials, such as call detail records not formally produced or proved in accordance with law, renders the findings unsustainable—Procedural safeguards in disciplinary inquiries are not empty formalit...

Penal Code, 1860—Sections 302/34, 201/34, 34—Circumstantial Evidence—Death Penalty: Conviction can be based on circumstantial evidence if it forms a complete and unbroken chain pointing irresistibly to guilt—Offence occurred inside house; burden under Section 106 Evidence Act on inmates to explain occurrence—Absence of signs of violence other than burns suggested accident or suicide, raising doubt—Delay in recording witness statements does not vitiate prosecution if defense fails to challenge or show enmity—Common intention under Section 34 is joint liability; failure of Section 34 does not absolve substantive offense—Conviction of mother-in-law set aside for lack of evidence—Death sentence not warranted; balance of aggravating/mitigating factors led to modification to 20 years rigorou...

Transfer of Property Act, 1882—Section 123—Gift of Immovable Property: A valid gift of immovable property requires a registered instrument signed by the donor and attested by at least two witnesses—If an identifier also acts as a witness, they can only count as one witness; absence of proper attestation or failure to examine key witnesses raises doubts about authenticity—Registration must be genuine and verifiable; irregularities such as missing signatures, doubtful registrar visit, or presence of strangers render the registration invalid—Fraud and Misrepresentation: A deed executed through fraud, misrepresentation, or obtaining signatures on blank papers under false pretenses is voidable—Civil Procedure Code, 1908—Order 41 Rule 17(2): Ex parte hearings are permissible when respondents are duly se...

Evidence Act, 1872—Section 65(e)—Secondary Evidence; Section 74—Public Document: A certified copy of an application with annexed documents (Exhibit-8) is not a public document under Section 74; therefore, Section 65(e), relating to secondary evidence of public documents, is not applicable—Section 65(e) & (f)—Certified Copies of Registered Documents: Certified copies of registered sale deeds or documents maintained as public records are admissible as secondary evidence under Sections 65(e) and 65(f)—Khatian Entry—Document of Title: A Khatian entry does not confer title; the recorded person must independently prove ownership, though there is a presumption of correctness for survey entries—Sections 50 & 60—Proof of Relationship: Opinion regarding relationship, expressed through co...