Criminal Procedure – Discharge Application – Prima Facie Case Established – Rejection Upheld – The petitioner, an advocate, sought discharge in a case involving forgery, conspiracy, and transfer of government land based on disputed mutation entries. Both the Magistrate and Sessions Judge rejected the discharge application, citing prima facie evidence of the petitioner’s role in executing fraudulent sale deeds despite knowledge of the government’s ownership of the land – Held: Sufficient material exists to frame charges; discharge application rightly rejected. Defense cannot be considered at this stage [Paras 1-52].

Cheating and Forgery – Knowledge of Government Ownership – Prima Facie Case – The petitioner allegedly conspired with co-accused to execute fraudulent sale deeds for land known to be owned by the government. Investigation revealed that mutation entries were manipulated by the accused, and the land was transferred fraudulently to defraud the government. Court held that the material on record established ingredients of cheating and forgery under IPC [Paras 36-41, 47-49].

Role of Advocate in Conspiracy – Professional Misconduct – The petitioner, a practicing advocate, actively participated in the execution of forged sale deeds and filed civil suits to claim ownership over government land. The Court found his actions not only criminal but also amounting to professional misconduct – Held: Prima facie case established against the petitioner, justifying framing of charges [Paras 50-51].

Discharge vs. Quashing – Distinct Legal Considerations – The Court reiterated the distinction between grounds for quashing proceedings under Section 482 Cr.P.C. and those for discharge under Section 239 Cr.P.C. – Held: While the earlier dismissal of the quashing petition established the existence of prima facie evidence, the discharge application must be assessed independently based on materials on record [Paras 44-45].

Decision: Writ Petition dismissed.

Presumption of Joint Ownership – Application of Mohammedan Law – Appeal Allowed – The appellant claimed exclusive ownership of seven properties, while the respondent asserted joint ownership inherited from their father. Both lower courts relied on the concept of a "karta" and presumption of joint ownership akin to Hindu law principles – Held: Under Mohammedan law, there is no presumption of joint ownership, and each property must be individually assessed based on title, possession, and evidence. The lower courts erred in applying Hindu joint family principles to Mohammedan property disputes, leading to a perverse finding [Paras 22-23].

Declaration of Title – Weight of Evidence – Records of Rights and Tax Receipts Given Due Weight – The lower courts dismissed the appellant's claims of ownership despite registered deeds, records of rights (CS & RS ROR), and tax receipts in the appellant's name. Reliance on a Local Commissioner’s report for determining possession was improper – Held: Official records of rights and tax receipts carry a presumption of correctness unless rebutted with substantive evidence. Lower courts erred in disregarding such documentary evidence [Paras 21, 27].

Doctrine of Adverse Possession and Gifts – Misapplication of Mohammedan Law – The appellant’s claim of title through adverse possession and oral heba (gift) was rejected by the lower courts based on procedural technicalities and lack of registration – Held: Under Mohammedan law, gifts (heba) need not be in writing or registered but require declaration, acceptance, and delivery of possession. The lower courts failed to apply this standard and incorrectly rejected the appellant's claim without evaluating compliance with the essentials of a valid Mohammedan gift [Paras 25-26].

Bar Under Section 34 of the Specific Relief Act – Improper Dismissal of Suit – The suit was dismissed for lack of a prayer for recovery of possession, with reliance placed on the Local Commissioner’s report showing the defendant’s possession over certain properties – Held: In disputes between co-sharers, mere possession by one party does not amount to ouster unless hostile title is established. Absence of such pleading or evidence makes dismissal under Section 34 unsustainable. Relief could also have been molded under Order VII Rule 7 of the CPC [Paras 29-30].

High Court's Role in Second Appeal – Concurrent Findings Overturned – The lower courts ignored settled principles of Mohammedan law and made findings based on inadmissible or no evidence, amounting to perversity – Held: High Court, in second appeal, has jurisdiction to interfere where findings are based on no evidence, ignore material evidence, or apply incorrect legal principles [Paras 16-17].

Decision:

The second appeal was allowed. The judgments of the Trial Court (28/11/1979) and First Appellate Court (03/04/1984) were set aside. The case was remanded to the Trial Court for fresh adjudication on merits within six months, after giving both parties an opportunity to contest [Paras 31].

Criminal Law - Dowry Harassment and Attempt to Murder – Evidentiary Standards – Conviction Reversed – Accused Acquitted – Allegations of dowry harassment, assault, and attempt to murder by pouring kerosene and setting fire – Evidence of P.W.1 (complainant) insufficient as she neither witnessed the act nor directly implicated the accused – No corroboration from neighbors (P.Ws.2-4), and medical report (Ex.P.7) revealed no injuries – Benefit of doubt extended – Conviction set aside [Paras 8-10].

Harassment – Absence of Corroboration – Evidence of Neighbors Not Supporting Prosecution Case – Neighbors alleged to have rescued complainant failed to corroborate allegations – Held: Sole testimony of P.W.1 insufficient to establish harassment or assault in the absence of corroboration from independent witnesses [Paras 9, 10].

Attempt to Murder – Medical Evidence Inconsistent – Acquittal Justified – Medical report (Ex.P.7) noted no external or burn injuries on complainant – Prosecution failed to prove accused poured kerosene and set fire – Conviction under Section 307 IPC erroneous [Paras 10, 11].

Burden of Proof – Panchayat’s Advice to Husband Irrelevant to the Alleged Incident – Evidence of P.W.6 and P.W.10 regarding earlier family disputes and panchayat advice insufficient to establish guilt – Acquittal warranted [Para 9].

Decision: Appeal Allowed: The judgment of conviction and order on sentence dated 17.12.2011 in S.C. No. 343/2010 passed by the Fast Track Court, Devanahalli, is set aside. Acquittal Ordered: Appellants (accused Nos. 1 to 4) acquitted of offenses under Sections 498-A, 323, and 307 IPC.
 

Grant of Bail – Intermediary Quantity under NDPS Act – Rigor of Section 37 Not Applicable – Bail Granted – The applicant was charged with possession of 14.700 grams of Mephedrone, which is below the commercial quantity threshold. The court held that the rigors of Section 37 of the NDPS Act were inapplicable and considered the completion of investigation and filing of charge-sheet, along with no prior antecedents of the applicant – Held: Bail granted with conditions [Paras 6.0, 8.0].

Consideration of Bail Principles – Article 21 of the Constitution – Bail Granted – The court reiterated the principle that "bail is the rule and jail is the exception" and emphasized the personal liberty guaranteed under Article 21 of the Constitution. In light of the applicant's pre-trial incarceration and the delay in trial proceedings, bail was deemed appropriate – Held: Bail granted [Paras 7.0, 7.1, 8.0].

Conditions for Bail – Safeguards Imposed to Prevent Misuse of Liberty – The applicant was directed to comply with specific conditions, including surrender of passport, restrictions on travel outside Gujarat, marking monthly presence before the police station, and avoidance of illegal activities – Held: Non-compliance with conditions would entitle the trial court to cancel bail [Paras 8.0, 9.0].

Decision: The application was allowed. The applicant was ordered to be released on regular bail in connection with FIR C.R. No. 11210050240845 of 2024, subject to furnishing a personal bond of Rs. 25,000 with one surety of the like amount, and compliance with the stipulated conditions. Rule was made absolute to the extent specified [Paras 8.0, 12.0].

Civil Law – Matrimonial Dispute - Declaration of Title – No Proof of Husband’s Contribution to Land Purchase – Declaration Limited to Building Only – The Family Court declared that the husband was entitled to one-half right over the land and building on the basis that he had contributed funds for the purchase of the property and the construction of the house – Held: There was no evidence to establish that the land was purchased using the husband’s funds. The bank records (Ext.A2) failed to show any withdrawals coinciding with the purchase of the property – The wife’s ownership of the land was upheld, but the husband was declared to have one-half right only in the building, which was constructed with contributions from both parties [Paras 9-11].

Claim of Gold and Cash by Wife – Partially Proven – The wife claimed that ₹1 lakh and 25 sovereigns of gold were provided by her family during the marriage and were used for the property purchase and construction – Held: The ₹1 lakh payment was evidenced by Ext.B4 bank records and deemed probable, but the claim of utilizing gold ornaments was not substantiated, as the wife failed to identify where the ornaments were sold, and marriage photographs did not corroborate her wearing gold – The Family Court’s finding on the gold claim was upheld [Paras 7-8].

Construction of House – Joint Contribution Established – Equal Rights in the Building Recognized – Evidence showed that the wife had availed a loan for construction, while the husband was sending money to his bank account during the same period – Though no direct proof of the husband’s repayment of the loan existed, it was deemed probable that both parties contributed to the construction – Held: The husband is entitled to one-half share in the building only, but not the land [Para 10].

Injunction – Joint Residence Not Conducive Due to Strained Relations – Relief Denied – The husband sought an injunction to prevent the wife from exercising exclusive possession of the house – Held: Given the strained relationship, joint residence was deemed impractical – The husband’s remedy lies in seeking partition rather than an injunction – Injunction denied under Section 41(h) of the Specific Relief Act [Para 12].

Relief Modified – Partition Rights Preserved – The decree was modified to confine the declaration of the husband’s one-half right to the building alone – The prayer for prohibitory injunction was disallowed, preserving the husband’s right to seek partition through appropriate proceedings [Para 12].

Decision: The appeal was partially allowed, and the decree and judgment of the Family Court were modified:

The husband’s declaration of title was confined to one-half right over the building situated on the property, while his claim over the land was disallowed.
The relief of prohibitory injunction sought by the husband was denied, preserving his right to seek partition.[Paras 11-12]
 

Writ Jurisdiction – Disputed Questions of Fact – Maintainability of Writ Petition – Appeal Allowed – The learned Single Judge dismissed the writ petition on the ground that disputed questions of fact regarding the delivery of possession of land cannot be adjudicated in writ jurisdiction – Held: The High Court is competent to adjudicate disputed facts in writ jurisdiction where facts are supported by documentary evidence and no elaborate oral evidence is required – Cited precedents affirming that arbitrary actions of public authorities can be addressed in writ petitions [Paras 40-45].

Industrial Land Allotment – Failure to Deliver Possession – Refund with Interest Ordered – The petitioner had paid Rs.11,11,705 for allotment of industrial land but was denied actual physical possession due to disputes with third parties – Respondent authorities issued contradictory statements and failed to provide evidence of possession – Held: The failure to deliver possession constitutes an arbitrary and unreasonable act by the authorities – Refund of the full amount with 9% interest per annum and additional costs ordered [Paras 34-47].

Public Authorities – Model Litigant Obligations – Arbitrary and False Defenses Criticized – Respondents raised false, frivolous, and technical defenses to obstruct legitimate claims of the petitioner – Held: The State and its instrumentalities must act fairly, refrain from vexatious defenses, and fulfill their obligations as model litigants – Arbitrary action violating Article 14 of the Constitution was set aside [Paras 45-46].

Refund of Deposits – Applicability of Regulations – Clause 22(1)(i) of the Jharkhand Industrial Area Development Authority Regulations, 2016, cited by respondents for refunding only 55% of the allotment price, was held inapplicable as the case was not one of voluntary surrender but failure to deliver possession by respondents [Paras 23, 46].

Discharge of Accused – Lack of Evidence – Section 227 of Cr.P.C. – The petitioners (Accused Nos. 9 & 10) sought discharge, claiming that the prosecution failed to establish sufficient evidence linking them to the crime – Held: The prosecution's case against Accused Nos. 9 & 10 was based solely on the statements of CW41 and CW42, who claimed to have seen the accused standing on a bridge, and alleged call data records – This Court found no credible evidence to connect the petitioners with the alleged crime, as the call data records were unavailable, and there was no indication that CW41 and CW42 overheard any incriminating conversations – Accused Nos. 9 & 10 were discharged under Section 227 of Cr.P.C., as they stood on the same footing as Accused Nos. 8, 12, and 13, who were earlier discharged in a related revision petition [Paras 6-7].

Precedent Applied – Parity in Treatment of Similarly Placed Accused – The Court relied on its earlier order dated 01/08/2019 in Crl.R.P.Nos.157 & 169/2019, wherein Accused Nos. 8, 12, and 13, who were similarly placed as Accused Nos. 9 & 10, were discharged due to lack of evidence – Held: Consistency in judicial treatment requires that the present petitioners also be discharged, as they are on the same pedestal as the previously discharged accused [Paras 4-7].

Decision:  The criminal revision petition was allowed, and the impugned order of the Sessions Judge dated 30/11/2018 was set aside to the extent it pertained to Accused Nos. 9 & 10.

Accused Nos. 9 & 10 were discharged under Section 227 of Cr.P.C., as there was no evidence to connect them to the crime.
The reasoning applied in the earlier order dated 01/08/2019 for Accused Nos. 8, 12, and 13 was extended to Accused Nos. 9 & 10, ensuring parity.
[Para 7]
 

Quashing of Proceedings – Absence of Prima Facie Case – Application Allowed – The petitioner was charged under the IPC and Immoral Traffic (Prevention) Act, 1956, after being apprehended at a location allegedly used as a brothel. Examination of the case diary revealed that the petitioner was present as a customer, with no allegations or evidence indicating involvement in managing or aiding the brothel or living on prostitution earnings – Held: The FIR and chargesheet failed to establish the ingredients required under Sections 120B and 370 of IPC and Sections 3, 4, 5, and 7 of the Immoral Traffic (Prevention) Act against the petitioner. Proceedings quashed under Section 482 CrPC to prevent abuse of process of law [Paras 3, 6-10].

Scope of Section 482 CrPC – Prevention of Harassment and Abuse of Process – The inherent powers of the High Court under Section 482 CrPC are to be exercised to prevent harassment through frivolous or malicious prosecution – Held: The proceedings against the petitioner, as a mere customer without any direct involvement in illegal activities, amount to harassment and abuse of process of law. Principles laid down in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, applied [Paras 11-13].

Applicability of Immoral Traffic (Prevention) Act – Ingredients Not Satisfied – The charges under Sections 3 (keeping a brothel), 4 (living on prostitution earnings), 5 (procuring for prostitution), and 7 (prostitution near public places) of the Act of 1956 require specific evidence of active involvement – Held: No evidence or allegations in the complaint indicated that the petitioner committed any act under the aforementioned provisions. The FIR failed to make out any cognizable offence against the petitioner [Paras 5-10].

Presumption of Malafide Intent – Criminal Proceedings Quashed – In light of the absence of allegations and evidence implicating the petitioner, the prosecution appeared to have been initiated without just cause – Held: Proceedings quashed as continuing them would constitute harassment and violate the petitioner’s rights [Paras 12-13].

Decision: The criminal revisional application (CRR 1739 of 2024) was allowed. The proceedings against the petitioner in Tollygunge PS Case No. 146 of 2016 under Sections 120B and 370 IPC read with Sections 3, 4, 5, and 7 of the Immoral Traffic (Prevention) Act, 1956, were quashed. Proceedings against other accused persons in CGR No. 1497 of 2016 were directed to continue.
 

Family Law – Mental Cruelty – Definition and Threshold – Appellant alleged mental cruelty based on respondent’s behavior, including verbal insults regarding financial status and refusal to observe certain societal norms – Held: Such behavior, absent any evidence of harm or impact on the appellant, does not meet the threshold of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act – Allegations rejected [Paras 5–6].

Family Law – Desertion – Long-Term Separation – Constitutes Desertion – Parties had been separated for over 23 years, with no cohabitation since 2001 – Respondent expressed no willingness to reconcile or cohabit – Held: Long-term separation without reasonable cause constitutes desertion under Section 13(1)(ib) of the Act – Divorce granted on this ground [Paras 8–10].

Irretrievable Breakdown of Marriage – Recognition of Prolonged Separation – While irretrievable breakdown is not an explicit ground under the Act, prolonged separation and the inability to sustain the marital relationship justify dissolution of marriage – Held: Continuation of the marriage would amount to cruelty for both parties, warranting divorce [Paras 9–10].

Permanent Alimony – No Need for Alimony – Both parties were gainfully employed, and the only child had reached adulthood – Held: No grounds for awarding alimony existed in the circumstances [Para 11].

Decision: Appeal allowed – Judgment of the Family Court set aside – Marriage dissolved – No order as to costs [Para 12].