Daily Archives: February 3, 2015

42.5 Lakhs for quash 498a 323 504 etc & divorce. Very little moolah for a 27 year old woman !

42.5 Lakhs for quash 498a 323 504 etc & divorce. Very little moolah for a 27 year old woman !

* I Sonalben D/o Manjibhai Mohanbhai Munjai, Aged 27 years,
* have lodged FIR @ Mahila Police Station, Surat u/s. 498(A), 323, 504, 506(2) and 114 IPC & Sec 3 & 5 DP Act
…and now …..
* applicant no.1 (husband) has paid amount of Rs. 42, 51,000/­ as permanent alimony / maintenance to present deponent. !!
And thus the story ends !!

***************************disclaimer****************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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R/CR.MA/2994/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 2994 of 2014
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VIJAYBHAI RAGHAVBHAI JASANI & 6….Applicant(s)
Versus
STATE OF GUJARAT & 2….Respondent(s)
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Appearance:
MR TULSHI R SAVANI, ADVOCATE for the Applicant(s) No. 1 – 7
MR PRAKASH G PANDYA, ADVOCATE for the Respondent(s) No. 2
MR.VISHAL J DAVE, ADVOCATE for the Respondent(s) No. 2
MS. HIRAL U MEHTA, ADVOCATE for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 3
MS REETA CHANDARANA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 09/01/2015
ORAL ORDER

1.0 Ms. Hiral Mehta, learned advocate states that she shall file his appearance for respondent no.2­ original complainant during the course of the day. With the consent of the parties, the matter is taken up for hearing today.

2.0 Rule. Ms. Reeta Chandarana, learned Additional Public Prosecutor waives service of notice of rule on behalf respondent no.1­ State.

3.0 By way of present application under Section 482 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside the FIR being I­ C.R. No. 10 of 2014 registered with Mahila Police Station, Surat for the offences punishable under Sections 498(A), 323, 504 ,506(2) and 114 of the Indian Penal Code and Sections 3 and 5 of the Dowry Prohibition Act.

4.0 Learned advocate appearing for the applicant has submitted that the dispute between the parties for which the offence was registered is now settled between the private parties and affidavit to that extent is filed by respondent no.2­ original complainant which is produced on record. He further submitted that since the dispute is settled between the applicants and respondent no.2­ original complainant, there is no need to proceed further with the trial. In support of his submission, he placed reliance on the decision of the Hon’ble Apex Court in case of Gian Singh versus State of Punjab & Anr. reported in 2012(10)SCC 303. He therefore, submitted that impugned FIR filed by the original complainant may be quashed and set aside qua the present applicants.

5.0 Ms. Hiral Mehta, learned advocate appearing for respondent no.2­ original complainant­ Sonalben Mohanbhai Munjani has identified respondent no.2­original complainant who is present in the Court. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

6.0 Heard learned advocates for the respective parties and affidavit filed by respondent no. 2 is taken on record. The affidavit is reproduced hereinbelow:

" I Sonalben D/o Manjibhai Mohanbhai Munjai, Aged 27 years, Resident at Village: 73, Keshavpark Society, Ved Road, Katargam, Surat, original complainant and respondent no.2 herein, do hereby solemnly affirm on oath and state here as under:

1. I say and submit that I have lodged FIR being I­ CR No. 10/2014 on 06/02/2014 before the Mahila Police Station, Surat for the offences punishable under Section 498(A), 323, 504, 506(2) and 114 of the Indian Penal Code and under Section 3 and 5 of the Dowry Prohibition Act against present applicants.

2. I state that there was a matrimonial dispute and now it is settled amicably between applicants and present deponent. I state that marriage between applicant no.1 and present deponent turned into customary divorce vide divorce deed dated 04.10.2014 in presence of family members and headmen of the society. I stated that in view of said deed, applicant no.1 has paid amount of Rs. 42, 51,000/­ as permanent alimony/maintenance to present deponent.

3. I state that in view of the conditions of above stated divorce deed, I have withdrawn the Criminal Misc. Application No. 23 of 2014 which was preferred under Section 125 of the Code of Criminal Procedure against applicant no.1. I have also withdrawn the Miscellaneous Application No. 19 of 2014 preferred under the provisions of the Protection of Women from Domestic Violence Act against all the applicants. I state that I and applicant np. 1 also preferred a petition jointly under the provisions of section 13B of the Hindu Marriage Act with a view to obtain consent divorce decree.

4. I state that in view of the above stated divorce deed, I have to withdraw all the criminal as well as civil litigations preferred against applicants.

5. I state that the offence registered against present applicants is compoundable offence and therefore, disputes between parties are settled amicably and therefore, FIR being I­ C.R. No. 10 of 2014 on 06.02.2014 before the Mahila Police Station, Surat for the offences punishable under Section 498(A), 323, 504, 506(2) and 114 of the Indian Penal Code and under Section 3 and 5 of the Dowry Prohibition Act against present applicants kindly be quashed and set aside in view of the above stated facts and circumstances of the case."

7.0 It appears from the affidavit filed by respondent no.2­ Sonalben Mohanbhai Munjani that the applicants and respondent no.2­ original complainant have entered into amicable settlement in respect of all disputes between the parties and now there is no grievance against the present applicants. http://evinayak.tumblr.com ; https://vinayak.wordpress.com ; http://fromvinayak.blogspot.com

8.0 Considering the overall facts and circumstances of the case, nature of allegations and in view of the fact that the dispute is settled between the parties and in view of the principles laid down in case of Gian Singh (supra), I am of the opinion that the application requires consideration and the same is allowed accordingly. The FIR being I­ C.R> No. 10 of 2014 registered with Mahila Police Station, Surat for the offences punishable under Sections 498(A0, 323, 504, 506(2) and 114 of the Indian Penal Code and Sections 3 and 5 fo the Dowry Prohibition Act is hereby quashed and set aside . Rule is made absolute. Direct service is permitted.

(A.J.DESAI, J.)

niru

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PDF File uploaded to http://1drv.ms/16rR3HL

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regards

Vinayak

Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Wife earng 54K claims addl 25K for same standrd of living. Cal HC says NOT entitled 2 maintnance !

Wife earng 54K claims addl 25K for same standrd of living. Cal HC says NOT entitled 2 maintnance !

* Wife is earning 54,239.35 and is working for Life insurance corporate of India
* Initially wife claims Rs. 3 lakhs & further Rs. 20,000/- per appearance and Rs. 40,000/- per appearance for hearing !!
* That’s dismissed by trial Court. Carried to Hon. HC in civil revision and was affirmed.
* Subsequently, an appliction u/s 36 of Special Marriage Act !! filed by wife/petitioner claiming maintenance per month !!
* In this application "…submitted .. the petitioner gets a paltry sum of Rs. 23,000/- and odd .. not enough to maintain the status, dignity and the reputation which the husband or its family has in the society and, therefore, an additional sum of Rs. 25,000/- per month is required to maintain the same !!!…"
* Finally that is ALSO rejected by the Hon. HC

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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Kolkata High Court (Appellete Side)

Smt Chanda Sinha vs Ranjan Sinha on 19 January, 2015

Author: Harish Tandon

24 19.01. C.O. 31 of 2015
AGM 2015

Smt Chanda Sinha
Versus
Ranjan Sinha

Mr. Md. Shahajahan Hossain,
Sanjida Sultana, … for the petitioner.

Mr. Subrata Kumar Basu,
Mr. Rupendra Nath Chowdhury, … for the opposite party.

This revisional application is directed against an order No. 43 dated 13th November, 2014 passed by the learned Second Additional Principal Judge, Family Court, Calcutta in Matrimonial Suit No. 218 of 2009 by which an application under Section 36 of the Special Marriage Act, is allowed.

The marriage between the parties were solemnized in accordance with rituals and rites recognised under Hindu Law. Even the proceeding for divorce is filed under Section 13 of the Hindu Marriage Act, 1955. There cannot be any applicability of the provisions of the Special Marriage Act in the attending facts and circumstances. It is no longer res intetra that mere quoting the wrong provision does not entail the application liable to be dismissed as the Court is required to look into the substance thereof. Even if the application is captioned as an appliction under Section 36 of the Special Marriage Act, it is in effect, an application under Section 24 of the Hindu Marriage Act, 1955, which stands in pari materia. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

The proceedings for divorce is initiated at the instance of the husband/opposite party and in such proceedings, the wife initially filed an application under Section 24 of the said Act. There was rival stand of the parties whether the earlier application contains the relief of maintenance or was restricted to the litigation costs. A copy of the earlier application is produced before this Court wherefrom it appears that the wife simply claimed an amount of Rs. three lakhs and further amount of Rs. 20,000/- per appearance and Rs. 40,000/- per appearance for hearing in a proceeding pending before the Court at Faridabad.

In paragraph 10 of the said application, the wife categorically asserts that she is in service under Life Insurance Corporation of India and does not require any amount for her sustenance. From the length and breadth of the said application, it can be deciphered with reasonable certainty that the wife does not require any amount for her daily needs as she has sufficient income therefor but claims a litigation costs as she has been forced to bear such burden because of the litigation having imposed against her by the husband. The said application was dismissed by the trial Court as the wife could not produce the relevant document in support of the claim. The order was carried to this Court in civil revision and was affirmed. Subsequently, an appliction captioned as an application under Section 36 of the Special Marriage Act came to be filed at the instance of the wife/petitioner claiming the maintenance at the rate of Rs. 20,000/- per month. Paragraph 5 of the instant application records the conscious statement of the petitioner that she is working with Life Insurance Corporation of India and is getting a net salary of Rs. 23,632/-.

In order to prove the aforesaid statement, a salary certificate is annexed to this revisional application wherefrom it appears that she is getting gross salary of Rs. 54,239.35 paise. Certain voluntary deduction was allowed to be made from the said monthly salary in order to show that the net amount, which the petitioner takes home, is Rs. 23,632/-.

Paragraph 7 of the petition proceeds that the petitioner who is living separately has to burden the salary of the domestic help apart from the legal expenditure, which she has to incur in defending the proceedings initiated against her. It would be apposite to quote the statement made in the statement 7 of the said paragraph, which is reproduced below :
] "7. That the respondent states that since she is being compelled
] to live separately, she has to keep one full time domestic
] help/maid servant incurring Rs. 4,500/- per month as her salary.
] The respondent has to keep another part time domestic help for
] performing domestic works such as cleaning rooms, washing cloths
] for which she has to pay another sum of Rs. 700/- per month to
] her. These apart, the respondent is being compelled to spend
] huge amount of money on account of legal expenses in connection
] with 498A case as well as for defending and contesting the above
] Mat. Suit instituted by her husband
. Legal expenses on account
] of lawyer’s fees for appearance and drafting, typing charges of
] petitions etc. court fees etc. as well as travelling expenses
] for attending courts with in attendant also comes to Rs. 7,000/-
] per month, on an average. In addition, the respondent being a
] lady has to incur further sum for her safety and security. The
] respondent has to spend a sum of Rs. 30,000/- for her
] maintenance and support including fooding, lodging, clothing and
] arranging other things essential for day to day living according
] to the status and standard of the parties. In view of day to day
] increasing market price, cost of living, maintenance and support
] has also gone too high."

It is submitted on behalf of the learned advocate of the petitioner that if the income of the wife is not sufficient enough to maintain herself in commensurate with the status of the husband/opposite party, the Court is competent to grant the alimony pendente lite as held in case of Chaturbhuj -Vs- Sita Bai reported in (2008) 1 C Cr LR (SC) 416.

It is strongly submitted that the petitioner gets a paltry sum of Rs. 23,000/- and odd which is not enough to maintain the status, dignity and the reputation which the husband or its family has in the society and, therefore, an additional sum of Rs. 25,000/- per month is required to maintain the same. On the plea that the misquoting or wrong quoting of the provision is not fatal, a judgment rendered in case of P. K. Palanisamy -Vs- N. Arumugham & Anr ((SLP) Civil No. 2308 of 2009; decided on 23rd July, 2009) is relied on.

Taking the second point first, there is no quarrel to the proposition that the wrong quoting or miss quoting of the provision does not invite the Court to dismiss the matter on technicality but the Court should look into the substance thereof. It is no longer res integra that the rights of the parties are to be adjudicated on the basis of the statements made in the pleading or otherwise and the relief claimed therein and the Court should not be swayed by the miss quoting or wrong quoting of the provision. Mere captioning an appliction under Section 36 of the Special Marriage Act cannot stand against the petitioner when the ingredients required under Section 24 of the Hindu Marriage Act is evident and present therein since both the provisions stand pari materia. There is no difficulty in treating the said application to be an application under Section 24 of the Hindi Marriage Act, 1955.

The point which hinges the most in the instant revisional application is whether the claim made in the appliction filed by the petitioner even under Section 24 of the Hindu Marriage Act, 1955 can be allowed. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

The earlier application filed by the petitioner faced dismissal as the petitioner consciously chosen to abandon the right to claim the maintenance for her sustenance as the income which she derived, is sufficient enough to cater her daily needs. The said application was restricted to a litigation costs which according to the petitioner was an additional burden imposed by the action of the husband/opposite party in initiating proceedings both within the state of West Bengal and outside. The Court rejected the said application as the necessary documents in support thereof was not produced and the order of the trial Court stood affirmed upon the dismissal of the revisional application.

The principle of res judicate not only applies between the two proceedings but at the different stages of the said proceedings. Because of the peculiarity of the provision contained under Section 24 of the Hindu Marriage Act which provides the right to either of the spouse to claim the maintenance in a proceedings initiated under Hindu Marriage Act unless it is shown that there is a changed circumstances. The subsequent appliction on the selfsame set of facts which have been adjudicated in an earlier occasion cannot be allowed to be made. Since the proceedings initiated before the Court of law takes time to get it disposed of certain events and happenings may occur compelling the parties to alter the stand and claim relief. Even if the present application, taken out by the petitioner, is treated to be made on the altered circumstances because of the passage of time and the litigation being prolonged, this Court does not find that the income which is admitted by the wife is too meager to maintain herself as per the status and position which the husband possess in the society.

The right of maintenance is not only a legal right but a social obligation of the spouse. There is no straight jacket formula in determining the quantum of the maintenance, which varies from case to case and depends upon the various factors. Admittedly, there is no child from the wedlock. The salary certificate annexed to the revisional application reveals that the wife is residing in a quarter allotted by the Life Insurance Corporation of India as she is paying Rs., 137.10 per month as license fee. The wife have further allowed a hefty sum of Rs. 13, 734/- to be deducted towards the easy monthly installments for the loan which she obtained against housing finance. At the time of arriving the quantum of maintenance, the Court should not allow the deduction made voluntarily and then to arrive at the net amount for the purpose of determining the quantum of maintenance. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

This Court, therefore, does not find that the income which the petitioner has from her service in Life Insurance Corporation of India is too low to maintain the status and position in the society and, therefore, the trial Court in my view has not committed any wrong in rejection the said application.

Otherwise as well, the petitioner could not demonstrate any grounds warranting the interference with the impugned order.

The revisional application is dismissed. There shall be no order as to costs.

( Harish Tandon, J.)

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regards

Vinayak

Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Man pays 12 Lakhs alimony for bail n 498a case. NO quash or anything JUST bail !! Patna HC Jan ’15

Man pays 12 Lakhs alimony for bail n 498a case. NO quash or anything JUST bail !! Patna HC Jan ’15

“…..By filing supplementary affidavit it is submitted that on payment of rupees twelve lacs as permanent alimony, both husband and wife have decided to dissolve their marriage and accordingly….”

“….fact that both parties have settled their dispute amicably on payment of permanent alimony and they have agreed to take divorce, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail ….”

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30674 of 2014
Arising Out of PS.Case No. -2170 Year- 2013 Thana -PATNA

COMPLAINT CASE District-PATNA
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1. Neeraj Kumar Son of Late Binay Kumar Singh Resident of Shet Bhukka,
P.S. Maner, District – Patna at present Residing at Quarter No. A/8 ( Old ),
C.I.D. Colony, Shashtrinagar, P.O. AND P.S. Shashtrinagar, District – Patna …. …. Petitioner/s
Versus
1. The State of Bihar
2. Smt. Anshu Sinha
@ Priyanka Wife of Neeraj Kumar, Daughter of Sri
Deo Dhari Singh Resident of Village – Kothwa, P.O. and P.S. Khagaul,
District – Patna …. …. Opposite Party/s
******************************************************
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar
For the Opposite Party/s : Mr. Arun Kumar (App)
http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com
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CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA

ORAL ORDER

22-01-2015

Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 2170 ( c ) of 2013 in which cognizance has been taken under Section 498A of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

By filing supplementary affidavit it is submitted that on payment of rupees twelve lacs as permanent alimony, both husband and wife have decided to dissolve their marriage and accordingly, demand draft of rupees twelve lacs has been deposited in the court of Principal Judge, Family Court, Patna, and as such, the petitioner deserves sympathetic consideration. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

In the facts and circumstances stated above and considering the fact that both parties have settled their dispute amicably on payment of permanent alimony and they have agreed to take divorce, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Mohd. Saleem, J. M. Ist Class, Patna in connection with Complaint Case No. 2170 ( C ) of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J)

avin/-

U T

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Link to PDF version http://1drv.ms/1uTraWB

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FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak

Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Chennai couple commit suicide over son’s failed marriage; Police recover suicide note ; Married 4 months ago.

Chennai couple commit suicide over son’s failed marriage; Police recovered a suicide note from the house. It said they decided to end their lives as they were upset over Prince’s failed marriage. Prince married Sofia Mary four months ago.

False &defamatory complaint @ CAWcel IS defamation Can b prosecuted IF further procedngs NT initiated

Wife and co file complaint with Crime against Women (CAW) Cell, Nanakpura, Moti Bagh, New Delhi, accusing husband & others of offence punishable u/s/ 406 IPC r/w 34 IPC & s 3, 4 of DP Act.

Husband files defamation case as the complaint is false / fabricated. Matter goes to HC who accepts Husband’s case. So wife and co appearl to SC.

SC takes the view that since husband and others have proceeded with AB, etc, "court proceedings" have started and so the prosecution of defamation is NOT possible now. But on completion of trial the same court be taken up by the same Court of competent jurisdiction seized of the charge-sheet filed against the respondents

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF -Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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Supreme Court of India

Abdul Rehman & Ors vs K.M.Anees-Ul-Haq on 14 November, 2011

Author: T Thakur

Bench: Cyriac Joseph, T.S. Thakur

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS.2090-2093 OF 2011

(Arising out of SLP (Crl.) Nos.4161-4164 of 2008

Abdul Rehman & Ors. …Appellants
Versus
K.M. Anees-ul-Haq …Respondent

J U D G E M E N T

T.S. THAKUR, J.

1. Leave granted.

2. The short question that arises for determination in these appeals is whether the complaint filed by the respondent-complainant against the appellants, alleging commission of offences punishable under Sections 211, 500, 109, and 114 read with Section 34 of Indian Penal Code, 1860 was barred by the provisions of Section 195 of the Code of Criminal Procedure, 1973. The High Court of Delhi has, while dismissing the petition under Section 482 of the Cr.P.C. filed by the appellants held that the complaint in question is not barred and that the Metropolitan Magistrate, Delhi, committed no error of law or jurisdiction in taking cognizance of the offence punishable under Sections 211 and 500 IPC. The appellants who happen to be the accused persons in the complaint aforementioned have assailed the said finding in the present appeal by special leave. The appellants contend that the bar contained in Section 195 Cr.P.C. was attracted to the complaint filed by the respondent inasmuch as the offence allegedly committed by them was "in relation to the proceedings" in the court which the Respondent-complainant had approached, for the grant of bail and in which the court concerned had granted the bail prayed for by him. What is the true purport of the expression "in relation to any proceedings in any Court" appearing in Section 195(1)(b)(i) of the Code of Criminal Procedure, 1973 and in particular whether the grant of bail to the respondent in connection with the FIR registered against him would attract the bar contained in Section 195 Cr.P.C is all that falls for determination. Before we advert to the provisions of Section 195 of the Cr.P.C., we may briefly set out the facts in the backdrop. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

3. Appellant-Abdul Rehman lodged a complaint with the Crime against Women (CAW) Cell, Nanakpura, Moti Bagh, New Delhi, accusing the Respondent-K.M. Anees-Ul-Haq and four others of commission of an offence punishable under Section 406 read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The complainant’s case is that the accusations made by the appellant in the report lodged with the Women Cell were totally false and fabricated. In particular, allegations regarding demand of dowry as a condition precedent for performance of Nikah between the complainant’s nephew and Ms Aliya-appellant No.3 in this appeal were also false and unfounded. It was on that premise that the respondent filed a complaint alleging that the appellants had instituted criminal proceedings against him without any basis and falsely charged him with commission of offences knowing that there was no just or lawful ground for such proceedings or charge and thereby committed offences punishable under Sections 211 and 500 read with Sections 109, 114 and 34 IPC.

4. The Metropolitan Magistrate entertained the complaint, recorded statements of three witnesses produced by the respondent and came to the conclusion that there was sufficient material to show commission of offences punishable under Sections 211 and 500 IPC. While doing so, the Magistrate placed reliance upon a decision of this Court in M.L. Sethi v. R.P. Kapur [AIR 1967 SC 528] to hold that a complaint for commission of an offence punishable under Section 211 IPC is maintainable even at the stage of investigation into a First Information Report.

5. Aggrieved by the order passed by the Metropolitan Magistrate, the appellant preferred a Criminal Revision before the Additional Sessions Judge, New Delhi, who dismissed the same as barred by limitation. The appellant then preferred a petition under Section 482 Cr.P.C. before the High Court of Delhi for quashing complaint No.180/1 of 2002 pending before the Metropolitan Magistrate and all proceedings consequent thereto. The High Court has, as mentioned above, dismissed the said petition holding that since no judicial proceedings were pending in any Court at the time when the complaint under Sections 211 and 500 IPC was filed by the respondent-complainant, the bar contained in Section 195 Cr.P.C. was not attracted nor was there any illegality in the order passed by the Metropolitan Magistrate summoning the appellants to face trial.

6. We have heard learned counsel for the parties at considerable length and perused the order under challenge. Section 195 of the Cr.P.C. to the extent the same is relevant for our purposes may be extracted at this stage:

] "195. Prosecution for contempt of lawful authority of public
] servants, for offences against public justice and for offences
] relating to documents given in evidence. -(1) No Court shall
] take cognizance –
]
] xxx xxx xxx
]
] xxx xxx xxx
]
] (b)(i) of any offence punishable under any of the following
] sections of the Indian Penal Code (45 of 1860), namely, sections
] 193 to 196 (both inclusive), 199, 200, 205 to 211 (both
] inclusive) and 228, when such offence is alleged to have been
] committed in, or in relation to, any proceeding in any court, or
] xxx xxx xxx xxx xxx xxx"

7. A plain reading of the above would show that there is a legal bar to any Court taking cognizance of offences punishable under Sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228 when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court except on a complaint in writing, of that Court or by such officer of the Court as may be authorised in that behalf, or by some other Court to which that Court is subordinate. That a complaint alleging commission of an offence punishable under Section 211 IPC, "in or in relation to any proceedings in any Court", is maintainable only at the instance of that Court or by an officer of that Court authorized in writing for that purpose or some other Court to which that Court is subordinate, is abundantly clear from the language employed in the provision. It is common ground that the offence in the present case is not alleged to have been committed "in any proceedings in any Court". That being so, the question is whether the offence alleged against the appellants can be said to have been committed "in relation to any proceedings in any Court".

8. It is not in dispute that upon the filing of the complaint by the appellants with the CAW Cell the respondent-complainant had sought an order of anticipatory bail from the Additional Sessions Judge, Karkardooma, Delhi, nor is it disputed that an order granting bail was indeed passed in favour of the respondent. It is also not in dispute that on completion of the investigation into the case lodged by the appellants under Section 406 read with Sections 3 and 4 of Dowry Prohibition Act, a charge sheet under Section 173 Cr.P.C. has already been filed before the Court competent to try the said offences in which the respondents have been released on regular bail on a sum of rupees ten thousand with one surety of the like amount. The filing of the charge sheet, however, being an event subsequent to the taking of cognizance by the Metropolitan Magistrate on the complaint filed by the respondent-complainant, the same can have no relevance for determining whether cognizance was properly taken. The question all the same would be whether the grant of anticipatory bail to the respondent by the Additional Sessions Judge, Karkardooma Court, Delhi, would constitute judicial proceedings and, if so, whether the offence allegedly committed by the appellants could be said to have been committed in relation to any such proceedings. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

9. The question whether grant of bail would attract the bar contained in Section 195(1)(b)(i) Cr.P.C. is no longer res integra. In Badri v. State [ILR (1963) 2 All 359] an offence punishable under Section 211 IPC was alleged to have been committed by the person making a false report against the complainant and others to the police. It was held that the said offence was committed in relation to the remand proceedings and the bail proceedings which were subsequently taken before the Magistrate in connection with that report to the police and, therefore, the case was governed by Section 195(1)(b) Cr.P.C. and no cognizance could be taken except on a complaint by the Magistrate under Section 195 read with Section 340 of the Cr.P.C.

The said decision came up for consideration before a three-Judge Bench of this Court in M.L. Sethi v. R.P. Kapur [AIR 1967 SC 528], but this Court left open the question whether remand and bail proceedings before a Magistrate would constitute proceedings in a Court. This Court observed:

] "We do not consider it necessary to express any opinion whether
] the remand and bail proceedings before the Magistrate could be
] held to be proceedings in a Court, nor need we consider the
] question whether the charge of making of the false report could
] be rightly held to be in relation to those proceedings. That
] aspect need not detain us, because, in the case before us, the
] facts are different."

10. The legal position regarding maintainability of a complaint under Section 211 IPC by reference to a false complaint lodged before the police was nevertheless stated in the following words:

] "Consequently, until some occasion arises for a Magistrate to
] make a judicial order in connection with an investigation of a
] cognizable offence by the police no question can arise of the
] Magistrate having the power of filing a complaint under Section
] 195(1)(b), Cr.P.C. In such circumstances, if a private person,
] aggrieved by the information given to the police, files a
] complaint for commission of an offence under Section 211, IPC,
] at any stage before a judicial order has been made by a
] Magistrate, there can be no question, on the date on which
] cognizance of that complaint is taken by the Court, of the
] provisions of Section 195(1)(b) being attracted, because, on
] that date, there would be no proceeding in any Court in
] existence in relation to which Section 211, IPC can be said to
] have been committed. The mere fact that on a report being made
] to the police of a cognizable offence, the proceedings must, at
] some later stage, and in a judicial order by a Magistrate,
] cannot therefore, stand in the way of a private complaint being
] filed and of cognizance being taken by the Court on its basis."

11. The question regarding bail proceedings before the Court being proceedings in a Court within the meaning of Section 195(1)(b)(i) once again fell for consideration before this Court in Kamlapati Trivedi v. State of West Bengal [1980 (2) SCC 91]. Kamlapati Trivedi had in that case filed a complaint under Sections 147, 448 and 379 IPC against six persons including one Satya Narayan Pathak. Warrants were issued for the arrest of the accused, all of whom surrendered before the Court of Sub-Divisional Judicial Magistrate, Howrah, who passed an order releasing them on bail. In due course the police completed the investigation and submitted a final report under Section 173 Cr.P.C. stating that the complaint filed by Shri Trivedi was false. The Magistrate agreed with the report and passed an order discharging the accused. Sometime after the discharge order made by the Magistrate, Mr. Pathak, who was one of the accused persons of committing the offence, filed a complaint before the SDJM accusing Kamalapati Trivedi of the commission of offences punishable under Sections 211 and 182 IPC by reasons of the latter having lodged with the police a false complaint. Trivedi filed a petition before the High Court praying for quashing of the proceedings before the Magistrate in view of the bar contained in Section 195(1)(b)(i) of the Code. That prayer was declined by the High Court who took the view that criminal proceedings before the Court became a criminal proceeding only when cognizance was taken and not before and since no proceeding was pending before the Court, the provisions of Section 195(1)(b)(i) were not attracted. In appeal, this Court formulated the following two questions:

] "33. The points requiring determination therefore are:
]
] "(a) Whether the SDJM acted as a Court when he passed the
] orders dated May 6, 1970 and July 31, 1970 or any of them?
]
] (b) If the answer to question (a) is in the affirmative,
] whether the offence under Section 211 of the Indian Penal Code
] attributed to Trivedi could be regarded as having been committed
] in relation to the proceedings culminating in either or both of
] the said orders?"

12. Answering the questions in the affirmative this Court observed:

] "60. As the order releasing Trivedi on bail and the one
] ultimately discharging him of the offence complained of amount
] to proceedings before a Court, all that remains to be seen is
] whether the offence under Section 211 of the Indian Penal Code
] which is the subject-matter of the complaint against Trivedi can
] be said to have been committed "in relation to" those
] proceedings. Both the orders resulted directly from the
] information lodged by Trivedi with the police against Pathak and
] in this situation there is no getting out of the conclusion that
] the said offence must be regarded as one committed in relation
] to those proceedings. This requirement of clause (b)
] aforementioned is also therefore fully satisfied.
]
] 61. For the reasons stated, I hold that the complaint against
] Trivedi is in respect of an offence alleged to have been
] committed in relation to a proceeding in Court and that in
] taking cognizance of it the SDJM acted in contravention of the
] bar contained in the said clause (b), as there was no complaint
] in writing either of the SDJM or of a superior Court. In the
] result, therefore, I accept the appeal and, setting aside the
] order of the High Court, quash the proceedings taken by the SDJM
] against Trivedi."

13. The above view was reiterated by this Court in State of Maharashtra v. SK. Bannu and Shankar [(1980) 4 SCC 286]. The question in that case was whether prosecution for an offence punishable under Section 476 IPC could be lodged at the instance of a transferee Court in a case where the offence was committed in the other Court which was earlier dealing with a different stage of the said proceedings. Answering the question in the affirmative this Court held that the two proceedings namely one in which the offence was committed and the other in which the final order is made are, in substance, different stages of the same integrated judicial process and that the offence committed in the earlier of the said proceedings can be said to be an offence committed in relation to the proceedings before the Court to whom the case was subsequently transferred or the Court which finally tried the case. It was further held that bail proceedings before the Magistrate were judicial proceedings even though such proceedings had taken place at a stage when the offence against the accused, who were bailed out, was under police investigation. This Court observed:-

] "16…………..This being the real position, the bail
] proceedings before Shri Deshpande, and the subsequent
] proceedings before Shri Karandikar commencing with the
] presentation of the challan by the police for the prosecution of
] Deolal Kishan, could not be viewed as distinct and different
] proceedings but as stages in and parts of the same judicial
] process. Neither the time-lag between the order of bail and the
] challan, nor the fact that on presentation of the challan, the
] case was not marked to Shri Deshpande but was transferred under
] Section 192 of the Code, to Shri Karandikar, would make any
] difference to the earlier and subsequent proceedings being parts
] or stages of the same integral whole. Indeed, the commission of
] the offences under Sections 205, 419, 465, 467 and 471 of the
] Penal Code, came to light only when Shri Karandikar, on the
] basis of the forged surety bond in question, attempted to
] procure the attendance of the accused. If the earlier
] proceedings before Shri Deshpande and the subsequent proceedings
] before Shri Karandikar were stages in or parts of the one and
] the same process –as we hold they were –then it logically
] follows that the aforesaid offences could be said to have been
] committed "in or in relation to" the proceedings in the Court of
] Shri Karandikar, also, for the purpose of taking action under
] Section 476 of the Code.
]
] 21. In the instant case, it cannot be disputed that the bail
] proceedings before Shri Deshpande were judicial proceedings
] before a court, although such proceedings took place at a stage
] when the offence against the accused, who was bailed out, was
] under police investigation. Thus, the facts in Nirmaljit Singh
] case (1973) 3 SCC 753 were materially different. The ratio of
] that decision, therefore, has no application to the case before
] us.

14. Applying the above principles to the case at hand, there is no gainsaying that the bail proceedings conducted by the Court of Additional Sessions Judge, Karkardooma, Delhi, in connection with the case which the appellants had lodged with CAW Cell were judicial proceedings and the offence punishable under Section 211 IPC alleged to have been committed by the appellants related to the said proceedings. Such being the case the bar contained in Section 195 of the Cr.P.C. was clearly attracted to the complaint filed by the respondent. The Metropolitan Magistrate and the High Court had both failed to notice the decision of this Court in Kamlapati Trivedi’s and SK. Bannu’s cases (supra) and thereby fallen in error in holding that the complaint filed by the respondent was maintainable. The High Court appears to have also failed to appreciate that the real question that fell for consideration before it was whether the bail proceedings were tantamount to judicial proceedings. That question had been left open by this Court in M.L Sethi’s case (supra) but was squarely answered in Kamalapati Trivedi’s case (supra). Once it is held that bail proceedings amounted to judicial proceedings the same being anterior in point of time to the taking of cognizance by the Metropolitan Magistrate, there is no escape from the conclusion that any offence punishable under Section 211 IPC could be taken cognizance of only at the instance of the Court in relation to whose proceedings the same was committed or who finally dealt with that case.

15. As noticed above, a charge-sheet has already been filed against the respondent by the CAW Cell before the Competent Court. The respondent would, therefore, have a right to move the said Court for filing a complaint against the appellants for an offence punishable under Section 211 IPC or any other offence committed in or in relation to the said proceedings at the appropriate stage. It goes without saying that if an application is indeed made by the respondent to the Court concerned, it is expected to pass appropriate orders on the same having regard to the provisions of Section 340 of the Code. So long as the said proceedings are pending before the competent Court it would neither be just nor proper nor even legally permissible to allow parallel proceedings for prosecution of the appellants for the alleged commission of offence punishable under Section 211 IPC. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

16. It was next argued by learned counsel for the respondent that while an offence under Section 211 IPC cannot be taken cognizance of, there was no room for interfering with the proceedings in so far as the same related to the commission of an offence punishable under Section 500, since the bar of Section 195 Cr.P.C. was not attracted to the proceedings under Section 500 IPC. The argument though attractive does not stand closer scrutiny. The substance of the case set up by the respondent is that the allegations made in the complaint lodged with CAW Cell accusing him of an offence punishable under Section 406 and Sections 3 and 4 of the Dowry Prohibition Act were false which according to the respondent tantamounts to commission of an offence punishable under Section 211 IPC apart from an offence punishable under Section 500 IPC. The factual matrix for both the offences is however one and the same. Allowing the respondents to continue with the prosecution against the appellants for the offence punishable under Section 500 IPC would not, in our opinion, subserve the ends of justice and may result in the appellants getting vexed twice on the same facts. We are doubtless conscious of the fact that any complaint under Section 500 IPC may become time barred if the complaint already lodged is quashed. That is not an insurmountable difficult; and can be taken care of by moulding the relief suitably. It would, in our opinion, be appropriate if the orders passed by the Metropolitan Magistrate and that passed by the High Court are set aside and the complaint filed by the respondent directed to be transferred to the Court dealing with the charge sheet filed against the respondent. The said court shall treat the complaint as an application for filing of a complaint under Section 211 of the IPC to be considered and disposed of at the final conclusion of the trial; having regard to the provisions of Section 340 of IPC and the finding regarding guilt or innocence of the respondent as the case may be recorded against him. The respondent shall also have the liberty to proceed with the complaint in so far as the same relates to commission of the offence punishable under Section 500 of the IPC depending upon whether there is any room for doing so in the light of the findings which the court may record at the conclusion of the trial against the respondent.

17. In the result these appeals are allowed, and order dated 3rd February, 2003 passed by the Metropolitan Magistrate and that passed by the High Court dated 26th February, 2008 are quashed. Criminal complaint No.180/1 of 2002 filed by the respondent shall stand transferred to the Court of competent jurisdiction seized of the charge-sheet filed against the respondents, for such orders as the Court may deem fit at the conclusion of the trial of the respondent having regard to the observations made above.

********************************J*(CYRIAC JOSEPH)

***********************************J*(T.S. THAKUR)

New Delhi

November 14, 2011

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist