Penal Code, 1860 (IPC)—Sections 307, 326, 323, 147; Arms Act, 1959—Section 27; Probation of Offenders Act, 1958—Section 4—Appeal Against Conviction and Sentence—Convictions upheld for offences including attempted murder, causing grievous hurt by use of a firearm, assault, and unlawful assembly. While the principal accused was sentenced for serious offences involving firearms and grievous injuries, lesser involved accused were granted probation recognizing their minor participation. Evidence—Corroboration—The testimonies of prosecution witnesses consistently aligned regarding the location, timing, and nature of the incident—The medical evidence corroborated the account of injuries inflicted by a firearm, strengthening the prosecution's case. Criminal Procedure Code, 1973 (CrPC)&mdas...

A. Hindu Marriage Act, 1955—Sections 13(1)(ia), 13(1)(ib)—Divorce on Grounds of Cruelty and Desertion—Decree of divorce granted in favour of husband upheld. Allegations by wife regarding dowry demands and torture found unsubstantiated—Wife’s repeated filing of false and frivolous complaints against husband and his family held to amount to mental cruelty—Long period of separation further established irretrievable breakdown of the marriage. (Paras 6, 7, 8, 18, 19) B. Hindu Marriage Act, 1955—Section 25—Permanent Alimony—Determination of quantum of alimony must be based on holistic assessment of income, assets, liabilities, conduct, social status, and duration of marriage of both spouses—Trial court’s award of alimony without evaluating assets and liabilities held unsustain...

A. Protection of Women from Domestic Violence Act, 2005—Sections 2(s), 19, 20, 23—"Shared Household"—Scope and Limitations—The expression “shared household” requires evaluation of the intention of the parties, nature and duration of residence, and degree of permanence in cohabitation—Casual visits or transient stay do not qualify as a shared household—In the present case, the aggrieved person failed to establish residence with any permanence, and the claim appeared to be a ploy to assert rights over the petitioner’s paternal property. (Paras 20, 21, 23–25, 27) B. Protection of Women from Domestic Violence Act, 2005—Section 23(2)—Interim Orders—Compliance with Mandatory Disclosure Requirements—In maintenance proceedings, both parties are m...

This criminal revision, petitioners challenged the Trial Court’s order dated 01.04.2024 rejecting their application under Section 223 Cr.P.C. seeking joint trial of three Special Cases (Nos. 6/2017, 3/2018, and 5/2020), all arising from the same FIR in Kotwali (Tilkamanjhi) P.S. Case No. 494/2017 concerning financial embezzlement involving Srijan Mahila Vikash Sahyog Samity Ltd—The petitioners contended that all three cases stem from a common transaction, with overlapping documentary and witness evidence, and thus must be tried jointly to avoid contradictory judgments and judicial delay—The Trial Court refused, citing the advanced trial stage (Section 313 Cr.P.C.), Supreme Court directions to expedite the matter, and the discretionary nature of Section 223—Citing Nasib Singh v. State of Punjab (2022), the High Cour...

(A) Hindu Marriage Act, 1955, Section 13(1)(i-a)(i-b) — Divorce granted on grounds of cruelty and desertion — Appellant-wife filed false criminal complaints against husband causing mental agony — Lack of intent to resume cohabitation proved cruelty — Continuous separation since 31.03.2011 evidenced desertion without reasonable cause — Trial court rightly granted decree of divorce — High Court upheld findings based on sustained separation and malicious litigation — Conduct of appellant demonstrated irretrievable breakdown of marriage — Decree of divorce affirmed — Appeal dismissed — Pending applications also disposed of. (Paras 8 - 20) (B) Hindu Marriage Act, 1955, Section 26 — Maintenance for minor child — Family Court directed respondent-husband to deposit â‚...

Criminal Law—A criminal appeal involving charges under Sections 302 (murder) and 307 (attempted murder) IPC with Section 34 IPC (common intention) and Section 27 of the Arms Act, 1959, the conviction was upheld based on consistent and corroborated eyewitness testimony, including injured witnesses, supported by medical evidence—The Court emphasized that hostile witness statements cannot be wholly discarded; admissible, consistent portions may be relied upon—Injured eyewitnesses carry significant evidentiary weight, as their presence at the crime scene is assured and they are unlikely to falsely implicate the accused—Minor contradictions in witness testimony, especially on trivial points, do not vitiate the entire evidence, rejecting the “falsus in uno, falsus in omnibus” principle in criminal cases&mdash...

The High Court under Section 482 Cr.P.C. can quash proceedings under Section 12 of the Domestic Violence Act, 2005, when such proceedings amount to a gross abuse or misuse of the law, particularly where the dispute is essentially civil—such as insurance or property claims—and not genuine domestic violence—Allegations of economic abuse related solely to insurance claim disputes, where alternative civil remedies exist, do not automatically qualify as domestic violence and may represent misuse of the Act—The Court emphasized that while the inherent power under Section 482 should be exercised cautiously, it can be invoked in cases of clear illegality or mala fide prosecution, even if appellate remedies are available—Genuine and specific allegations are necessary, and vague or delayed complaints, especially follow...

Penal Code, 1860—Sections 420—The High Court exercised its inherent powers under Section 482 of the Criminal Procedure Code to quash criminal proceedings involving allegations of dowry demand, matrimonial cruelty, cheating, criminal breach of trust, and theft under Sections 498-A, 420, 406, 379 IPC read with Sections 3 and 4 of the Dowry Prohibition Act—The case concerned vague, general, and omnibus allegations against the husband’s distant relatives (sister-in-law, maternal uncle, maternal aunt) who had no specific role in the alleged offences—The court held that where disputes primarily arise between the married couple, especially involving financial matters from their independent lives in a different city, implicating remote relatives is an abuse of process—Allegations lacking prima facie evidence an...

Criminal Procedure Code, 1973—Section 125(4)—This decision comprehensively addresses the scope, factors, and legal principles governing maintenance under Section 125 CrPC—It reiterates that maintenance aims to prevent destitution and vagrancy of the dependent spouse and children, not to punish the other spouse—The quantum is determined by assessing the financial status of both parties, their needs, liabilities, and standard of living, without any rigid formula—Courts may draw adverse inferences where income is concealed—A husband’s obligation to maintain his wife and children is paramount and presumed unless rebutted—The judgment affirms that Muslim women, including divorced women, can seek maintenance under Section 125 CrPC in addition to remedies under the 1986 Act, as clarified in Danial ...

Civil Procedure Code, 1908—Order 1 Rule 10(2)—Impleadment in Probate Proceedings – Res Judicata – Intervenor’s Right – Title vs. Probate Jurisdiction – Scope of Discretion—In this civil miscellaneous petition under Article 227 of the Constitution, the petitioner challenged the order dated 28.08.2024 passed by the District Judge, Sheohar in LA Case No. 21 of 2004, rejecting his application under Order 1 Rule 10(2) CPC seeking impleadment in a probate proceeding—The petitioner, claiming title through purchase from an objector, contended that his vendor has become non-cooperative and thus he must be allowed to defend his interest—The trial court rejected the petition on grounds of delay, pendency of earlier similar application by petitioner’s father (already rejected in 2016),...