Criminal Procedure - Default Bail – Section 167(2) Cr.P.C. – Appeal against the denial of default bail – Challan presented within the statutory period but alleged to be incomplete due to lack of sanction under the Explosive Substances Act – Held, sanction obtained and submitted before filing the application for default bail – Challan considered complete – No entitlement to default bail – Appeal dismissed. [Paras 1-10]

Completeness of Challan – Analysis – The challan filed on 15.11.2019 included material for prosecution – Sanction under the Explosive Substances Act granted on 10.11.2020 – Application for default bail filed on 14.12.2020 – Held, challan filed within statutory time was complete with due sanction – Default bail under Section 167(2) Cr.P.C. not applicable. [Paras 7-9]

Judicial Interpretation – Legal Position – Clarification of the right to default bail if the investigation report (challan) is not complete within the stipulated time – Legal provisions and judicial precedents establish that default bail is not warranted if the challan is completed before the application for default bail is made. [Para 11]

Investigation and Jurisdiction – Facts and Circumstances – Forensic examination revealed high-explosive materials leading to NIA involvement – The procedural sequence justified transfer to NIA and completion of formalities before default bail application – National and international ramifications considered. [Paras 6-8]

Decision – Appeal Dismissed – No infirmity in the order denying default bail – Challan completed and sanctions obtained within necessary timelines – Application for default bail found baseless – Appeal dismissed. [Paras 9-10]

Negotiable Instruments Act - Compounding of Offence – Petition under Sections 482 and 397 CrPC seeking compounding of offence under Section 138 of the Negotiable Instruments Act – Powers under Section 147 of the NI Act can be invoked at any stage of the proceedings including trial, appeal, or revision – Courts encouraged to be liberal in exercising such powers – Offence compounded and petitioner acquitted. [Paras 1-11]

Proclaimed Person Declaration – Setting Aside – Declaration of petitioner as proclaimed person due to non-appearance on the judgment date – Petition allowed setting aside the declaration as a proclaimed person – Petitioner's settlement with respondent accepted. [Paras 1, 11]

Settlement and Compromise – Analysis – Compounding mechanism under Section 147 NI Act prioritizes resolution over punitive action – Settlement reached between parties with full payment to the complainant – No FIR registered under Section 174-A IPC for proclaimed offender status – Petitioner released on bail upon payment of costs to District Legal Services Authority. [Paras 2, 3, 10-11]

Judicial Precedents – Reference to Supreme Court judgments affirming the permissibility of compounding at various stages of proceedings – Emphasis on facilitating settlements and minimizing litigation – Compounding permissible even post-conviction. [Paras 4-6]

Decision – Petition Allowed – Complaint and summoning order quashed – Petitioner acquitted based on settlement – Declaration of proclaimed person set aside – Petitioner directed to deposit costs with District Legal Services Authority. [Para 11]

Negotiable Instruments Act - Summary vs. Summons Trial – Petition for quashing proceedings under Section 138 of the Negotiable Instruments Act – Complaint filed for dishonour of cheque – Magistrate converted summary trial to summons trial without hearing parties – Held, non-compliance with hearing directive under Section 143 does not vitiate proceedings – Petition dismissed. [Paras 1-19]

Irregularities and Vitiation of Proceedings – Analysis – Section 461 CrPC details irregularities vitiating proceedings – Magistrate's decision to try case as summons case is not such an irregularity – Non-compliance with proviso to Section 143 regarding hearing parties before converting trial mode does not invalidate proceedings. [Para 16]

Hearing Requirement under Section 143 – Clarification – Proviso to Section 143 requires hearing before converting summary trial to summons trial – Hearing intended to protect accused's rights in ongoing trial – Non-compliance before trial commencement less impactful, does not necessitate trial vitiation. [Paras 13-14]

Judicial Precedents – Reference to Supreme Court and High Court judgments – Mere procedural non-compliance under Section 143 not grounds for trial invalidation – Higher judiciary emphasizes substantive justice over procedural technicalities. [Paras 15-17]

Decision – Petition Dismissed – Procedural non-compliance does not vitiate trial – Petition lacks merit, dismissed – Trial Court directed to expedite main case conclusion. [Paras 19-20]

Criminal Law - Quashing of Complaint – Section 482 CrPC – Complaint under Section 420 IPC read with Section 175-U of Haryana Panchayati Raj Act, 2015 – Petitioner, a Sarpanch, possessed two ration cards and did not disclose dues payable to Electricity Department – Such dues are a disqualification for a candidate – Magistrate summoned the Petitioner under Section 175-U – Held, cognizance of the offence could not be taken except on a complaint made by or under the authority of the State Election Commission – Initial action not in consonance with law, vitiates all subsequent proceedings – Petition allowed, complaint and summoning order quashed. [Paras 1-14]

Procedural Requirements and Jurisdiction – Analysis – Statutory provisions require complaints under Section 175-U to be initiated by the State Election Commission – Non-compliance with this pre-requisite invalidates the proceedings – High Court has jurisdiction under Section 482 CrPC to quash proceedings where illegality is apparent. [Paras 10-11]

Legal Principles and Judicial Precedents – Reference to Supreme Court rulings on the necessity of lawful initiation of proceedings – Once the basis of proceedings is flawed, all subsequent actions fall – Legal maxim "sublatofundamentocadit opus" (foundation being removed, structure falls) applied. [Paras 12-13]

Decision – Petition Allowed – Complaint dated 23.11.2016 and summoning order dated 26.04.2017 quashed – Proceedings initiated without proper authority deemed illegal – Petitioner's case upheld. [Paras 14]

Criminal Law - Vicarious Liability – Marketing Firm's Responsibility under Insecticides Act – Petition under Section 482 CrPC seeking quashing of criminal complaint – Petitioners are marketing agents, not manufacturers – Sample from sealed packet with no allegation of tampering or improper storage – Marketing firm cannot be held vicariously liable for misbranding under Sections 3(k)(i), 17, 18, 29, and 33 of the Insecticides Act – Petition allowed, complaint quashed. [Paras 1-23]

Misbranding and Marketing Firms – Analysis – Marketing agents not responsible for product quality or labeling as defined under Section 3(k)(i) – Liability under Sections 17 and 18 requires involvement in manufacturing or sale of unregistered/prohibited insecticides – Petitioners' role limited to marketing without control over manufacturing process – No vicarious liability for marketing agents. [Paras 10-22]

Judicial Precedents – Reference to previous High Court decisions affirming non-liability of marketing agents for misbranding – Supreme Court judgment in M/s Cheminova India Limited &Anr vs. State of Punjab &Ors emphasizes liability limited to responsible officers under Section 33 – Consistent interpretation of marketing agents' role reaffirmed. [Para 21]

Decision – Quashing of Complaint – Petition allowed – Complaint and summoning order under Insecticides Act quashed – Marketing agents not liable for misbranding without involvement in manufacturing or quality control – Petitioners relieved from prosecution. [Para 23]

Criminal Law - Maintainability of FIR under PNDT Act – Petition under Section 482 CrPC challenging FIR – FIR registered for offences under PNDT Act, 1994 – Held, FIR is maintainable for offences under the Act – For taking cognizance, report under Section 173 CrPC must be accompanied by a complaint from the appropriate authority as per Section 28 of the Act – Petition dismissed. [Paras 1-17]

Cognizance of Offences – Analysis – Section 28 PNDT Act stipulates that no court shall take cognizance of an offence except on a complaint by the appropriate authority or a person with prior notice to the appropriate authority – FIR registration allowed, but trial proceeds based on appropriate complaint – Court's cognizance is conditional on receiving the correct complaint. [Paras 11-13]

Procedure for Clubbing Complaint and FIR Cases – Held – In case of simultaneous complaint and police investigation, Section 210 CrPC mandates clubbing of both – Magistrate to try the combined cases as if both were instituted on a police report – Argument that trial should proceed like a complaint case rejected. [Paras 14-15]

Judicial Precedents – Reference to Division Bench decision in 'Hardeep Singh & Another vs. State of Haryana & others' clarifies that FIR can be lodged and investigated by police, but court takes cognizance based on the appropriate authority's complaint. [Paras 12]

Decision – Dismissal of Petition – FIR and subsequent proceedings found maintainable under PNDT Act – Petition for quashing the FIR and proceedings dismissed – Petitioners advised to seek clubbing of cases under Section 210 CrPC. [Paras 16-17]

Injunction - Co-ownership and Co-sharers – Petition under Article 227 of the Constitution – Injunction granted against co-sharers and co-owners restraining interference in possession – Petitioners challenged the injunction on the ground that it could not be granted against a co-sharer – Held, co-sharers who fail to establish exclusive possession cannot deny the right to another co-sharer already in possession – Petition dismissed. [Paras 1-15]

Exclusive Possession and Interim Injunction – Analysis – Petitioners failed to establish exclusive possession or cultivating possession of the suit land – Reliance on non-revenue documents (web-portal declarations) insufficient – Respondents demonstrated prima facie possession with supporting documents – Balance of convenience and irreparable injury in favor of respondents – Injunction upheld. [Paras 6-13]

Legal Principles – For an interim injunction, triple test required: prima facie case, balance of convenience, and irreparable loss – Petitioners' failure to meet these criteria and respondents' successful demonstration of possession warranted upholding the injunction. [Paras 11-12]

Judicial Precedents – Referenced judgments establish that exclusive possession must be proven for an injunction against co-sharers – General right to use land as a co-owner does not override specific demonstrated possession rights. [Paras 8-10]

Decision – Dismissal of Petition – No illegality or impropriety found in the lower court's judgment – Petitioners' claim dismissed – Respondents' possession and rights protected by interim injunction. [Para 14]

Family Law - Divorce – Irretrievable Breakdown of Marriage – Divorce granted to husband – Parties living separately for approximately 20 years – Strong presumption that marriage has broken down – Court considers the prolonged separation and the futility of preserving an unworkable marriage – Divorce granted with a permanent alimony of Rs. 20,00,000/- to the wife – Appeal allowed. [Paras 1-36]

Cruelty and Desertion – Analysis – Held – Husband's allegations of cruelty, including filing of false complaints and causing harm to his career – Court finds conduct of the wife in making false allegations and complaints constitutes mental cruelty – Wife's refusal to resume cohabitation and failure to withdraw complaints as agreed in a previous compromise exacerbates the situation – Divorce granted based on cruelty and desertion. [Paras 1-36]

Judicial Approach – Principles – Court emphasizes need for realistic and human approach in matrimonial disputes – Irretrievable breakdown of marriage as a ground for divorce considered pragmatically – Reference to various Supreme Court judgments to underscore principles guiding the dissolution of marriages that have effectively ended. [Paras 13, 30, 34]

Decision – Divorce Granted – Appeal allowed – District Judge's order set aside – Decree of divorce granted – Husband directed to provide permanent alimony of Rs. 20,00,000/- to the wife. [Paras 1, 36]

Criminal Law - Principles for Parole and Furlough – Grant of Furlough During Elections – Petitioner challenges the order granting furlough to Gurmit Ram Rahim Singh, accused of rape and murder, especially during the Assembly Elections in Punjab – Court holds that furlough is intended to break the monotony of imprisonment and can be granted without specific reasons, but should consider public interest and security concerns – Furlough granted for 21 days has been completed, rendering the petition infructuous – Court emphasizes protection of minor victims from further trauma and maintains the dismissal of the petition challenging the furlough order​​.

Interpretation of Penal Provisions - Lean Towards Lesser Penalty – Court reiterates settled rule that if two reasonable interpretations of a penal provision exist, the one favoring the accused should be adopted – Legislature’s intention must be considered, and courts should not aid in correcting or amending legislative defects unless the vires of the enactment are challenged​​.

Decision: Petition disposed of as infructuous – Gurmit Ram Rahim Singh's furlough completed – The respondent-State is advised to consider all convictions while deciding on further furlough/parole in accordance with law​​.