Quashing of FIR – Compromise – Section 482 Cr.P.C. – FIR registered under Sections 420, 467, 468, and 120-B IPC – Dispute amicably settled between parties – Complainant appeared through Power of Attorney – Held, inherent powers under Section 482 Cr.P.C. can be exercised to quash criminal proceedings if the offence is overwhelmingly and predominantly of a civil nature – FIR quashed in the interest of justice to prevent abuse of process of law [Paras 17-19].

Power of Attorney – Validity in Criminal Proceedings – Section 2 of Power of Attorney Act – Complainant can appear through Power of Attorney holder – Court accepted the appearance and statements of the complainant’s Power of Attorney holder in support of the compromise – Recognized as a valid representation for the purpose of quashing the FIR [Paras 8, 12-14].

Genuine Compromise – Judicial Scrutiny – Judicial Magistrate's report confirmed the authenticity and voluntariness of the compromise – Court emphasized that the compromise was genuine and bona fide, and quashing the FIR would serve the interest of justice [Paras 7, 16].

Decision:

Petition Allowed – FIR No. 86 dated 22.05.2009 registered under Sections 420, 467, 468, and 120-B of the IPC at Police Station City Kotkapura, District Faridkot, and all subsequent proceedings arising therefrom, quashed.

Specific Performance – Agreement to Sell – Readiness and Willingness – Sections 16 and 20 of the Specific Relief Act – Plaintiff must not only aver but also prove readiness and willingness to perform the essential terms of the contract – Plaintiff’s failure to disclose financial capacity and readiness in cross-examination leads to adverse inference – Refund of earnest money with interest directed [Paras 21-22].

Delay and Laches – Specific Performance – Discretionary Relief – Agreement to Sell – Plaintiff delayed filing the suit for specific performance by 2 years and 9 months after knowing about the cancellation of the agreement – Relief of specific performance is discretionary and equitable – Delay and laches sufficient to disentitle the plaintiff from specific performance [Paras 23, 25-28].

Bona Fide Purchaser – Knowledge of Prior Agreement – Defendants failed to prove they were bona fide purchasers without knowledge of the prior agreement to sell – Defendants and plaintiff were residents of the same village, indicating knowledge [Para 24].

Decision:

Appeals Partly Allowed – Decree for specific performance substituted with a decree to refund Rs. 1,00,000/- with interest at 12% per annum – Refund amount to remain the first charge on the property agreed to be sold.

Jurisdiction of Civil Court – Enforcement of Secured Assets – SARFAESI Act – Scope of Section 17 and Section 34 – Held, civil court does not have jurisdiction to negate the enforcement rights of a secured creditor under the SARFAESI Act – Disputes regarding secured assets fall within the jurisdiction of the Debt Recovery Tribunal (DRT) – Civil court orders cannot restrain the secured creditor from enforcing security under the SARFAESI Act [Paras 15, 23].

Powers of District Magistrate – Section 14 SARFAESI Act – Administrative Act – Held, the District Magistrate’s role under Section 14 is purely administrative and does not involve adjudication of rights – District Magistrate’s duty is to assist secured creditors in taking physical possession of secured assets – Orders passed by the District Magistrate under Section 14 need not involve service of notice on borrowers, but a 15-day notice before actual possession is desirable [Paras 29, 30].

Principle of Casus Omissus – SARFAESI Act – Time-bound Implementation – Held, although Section 14 mandates the District Magistrate to pass orders within 60 days, it does not specify a time frame for the execution of those orders – Applying the principle of casus omissus, the executing officer must complete the process within 60 days of receiving the order – If execution is not possible, the officer must report back to the District Magistrate for further orders [Paras 31, 32].

Decision:

Writ Petition Allowed – The orders by the District Magistrate and Commissioner are set aside – Directions issued for the proper assessment of actions under Section 14 of the SARFAESI Act and adherence to the time-bound execution of orders.

Land Acquisition – Market Value Determination – Comparable Sale Method – The Court held that while determining the market value of the acquired land, it is essential to examine its geographical location, existing and potential use, and proximity to major roads or developed areas. The market value can be assessed using the comparable sale method by referring to contemporaneous transactions. The Court emphasized maintaining a balance between the interest of the parties and public interest, avoiding the distribution of public money as largesse [Paras 4.6, 4.7]​​ .

Compensation – Reasonableness – Assessment Criteria – The Court found no reason to interfere with the Reference Court's assessment, which increased the market value from Rs. 16,00,000/- to Rs. 17,00,000/- per acre. The Reference Court considered the sale of adjacent lands and improvements made by the acquiring body. The decision emphasized that compensation must be just and appropriate, considering all relevant factors without unduly favoring either the landowners or the government [Paras 4.10, 4.11]​​ .

Decision – Appeal Dismissed – The High Court dismissed the appeal, upholding the enhanced compensation assessed by the Reference Court. It was directed that the compensation already paid to the landowners should be considered final, with no further enhancements or reductions [Paras 4.8, 4.11]​​ .

Motor Vehicles Act – Compensation – Valid Permit – The High Court held that if a vehicle did not have a valid permit at the time of the accident, which was a violation of the insurance policy terms, the insurer could repudiate liability to reimburse the assured or victim. However, the insurer must initially pay compensation to the victim or his heirs and then recover the amount from the vehicle's owner/driver. The Court modified the MACT order accordingly, stressing that the insurance company cannot be absolved of its initial obligation to pay compensation [Paras 1, 17] .

Civil Procedure – Assessment of Compensation – The Court found fault with the MACT's assessment of the deceased's income at Rs. 8,000 per month and not accounting for future prospects. The Tribunal also erred by deducting 1/4th instead of 1/5th for personal expenses. The High Court revised the compensation by including 40% for future prospects and adjusting for the correct deduction rate, resulting in a total compensation of Rs. 21,05,320 [Paras 7, 12, 18] .

Decision – Appeal Allowed – The High Court allowed the appeal, modifying the MACT's award to Rs. 21,05,320. The insurance company was directed to pay the enhanced compensation with interest to the claimants, with the right to recover the amount from the truck owner and driver [Para 19] .

Civil Procedure – Will – Suspicious Circumstances – The Court held that it is not appropriate to permit a party to challenge the devolution of property by natural succession when a Will has been duly proved and established, merely based on suspicious circumstances, without proper pleadings and evidence. The party wishing to assail the correctness of the registered Will must lay a foundation in the pleadings and lead material evidence to prove such assertions. The other party, who has propounded the Will, cannot be taken by surprise at a later stage [Paras 1-14, 22] .

Gift – Acceptance – Modes of Proof – The Court observed that various modes exist to prove the acceptance of a gift, including the signatures/thumb impressions of the donee. It is not necessary to prove the delivery of actual physical possession of the property to complete the acceptance of a gift [Para 24] .

Decision – Appeal Allowed – The Court allowed the appeal, setting aside the judgment and decree of the First Appellate Court and restoring the judgment and decree passed by the trial court. It was held that the findings of the First Appellate Court regarding the suspicious circumstances surrounding the Will and the gift deeds were not sustainable. The judgment emphasized the necessity of proper pleadings and evidence to challenge the validity of the Will and gift deeds [Para 24] .

Criminal Law – Anticipatory Bail – Successive Applications – Petitioners filed fourth and third petitions under Section 438 read with Section 482 Cr.P.C. for anticipatory bail in FIR No. 348 dated 06.10.2014, registered under Sections 420, 465, 467, 468, 471, 120-B, and 201 IPC. High Court held that successive bail applications are not maintainable unless based on new substantial grounds not available when the previous applications were decided on merits. Previous grounds cannot be construed as fresh grounds for subsequent bail prayers [Paras 1, 21, 23].

Bank Fraud – Specific Allegations – FIR registered based on the complaint that the petitioners, in connivance with bank officials, fraudulently transferred Rs. 2 crores from the complainant's account to their company's account by misusing security cheques without consent. High Court dismissed the petitions, finding that the new grounds raised were either exhausted or inconsequential [Paras 2, 13, 14].

Conduct of Investigation – Police Procedures – High Court criticized the practice of conducting inquiries post-FIR registration instead of statutory investigations, highlighting the need for fair and impartial investigations as part of the criminal justice process. Directed that pending investigation be handed over to the Central Bureau of Investigation (CBI) due to lack of confidence in the state police's handling of the case [Paras 37, 43, 44].

Decision – Criminal Petition Dismissed – High Court dismissed the petitions with costs of Rs. 5 lakhs each, to be deposited with PGIMER, Chandigarh, within two months. Directed the transfer of the investigation to the CBI to ensure a fair and impartial probe [Para 44].

Cancellation of Bail – Non-disclosure of Pending Application – Mere non-disclosure of the factum of a pending bail application before the High Court while moving a bail application before the Sessions Court is not a ground for canceling bail – Reliance on Supreme Court judgment Mohan Singh v. UT, Chandigarh – Simultaneous bail applications permissible – Cancellation of bail order reversed [Paras 1-10].

Scope of Section 439(2) Cr.P.C. – Application for cancellation of bail should apply only when the person has been released on bail and sought to be arrested and committed to custody – Petitioner was in judicial custody when cancellation was sought – Application legally not maintainable under Section 439(2) Cr.P.C. [Paras 11-12].

Consideration of Age and Health – Petitioner a 63-year-old woman – No recovery of narcotics from petitioner – Held in custody since 22.03.2021 – Chalan filed and trial set to commence – Bail initially granted based on merits and circumstances [Para 12].

Decision – Petition Allowed – Impugned order dated 16.07.2021 set aside – Original bail order dated 28.06.2021 reinstated – Petitioner's incarceration due to non-disclosure not justified – Revision petition merits accepted [Paras 12-14].

Habeas Corpus – Illegal Detention – Filing of Detailed Reply – The Court held that when material regarding the arrest and detention of the detenue is already before the Court, filing a detailed reply to the habeas corpus petition is not required. Granting an adjournment for filing a detailed reply may defeat the purpose of the habeas corpus petition, which concerns the serious issue of illegal detention. Hence, interim or final orders can be passed on the material produced before the Court without granting such adjournments [Paras 34, 62-70] .

Criminal Procedure – Anticipatory Bail – Blanket Bail – The Court ruled that blanket orders of anticipatory bail should not generally be passed. Directions that the applicant shall be released on bail "whenever arrested for whichever offence whatsoever" should not be issued. However, in special circumstances, and on ample material being placed on record, the Court may balance individual rights of personal freedom with the investigation rights of the police and pass appropriate orders, including directing the prosecution to give advance notice for a reasonable time [Para 16] .

Decision – Habeas Corpus Petition Allowed – The Court allowed the writ petition, setting aside the illegal detention. The interim orders were made absolute, emphasizing the need for protecting personal liberty as provided under Article 21 of the Constitution of India [Paras 1, 13, 21-24] .