Criminal Law – Quashing of FIR – Compromise between parties – Petitioners sought quashing of FIR No. 65 of 2019 under Sections 307, 325, 324, 341, 504, 506, 147, 148, and 149 IPC registered at Police Station, Bhuntar, District Kullu, H.P. – FIR lodged by complainant following an altercation and assault leading to grievous injuries – Compromise reached between the parties – High Court emphasized that while the power to quash criminal proceedings under Section 482 Cr.P.C. exists, it should be exercised sparingly, especially in cases involving serious offences – Court noted that both parties belong to the same community and settled their disputes amicably through intervention of community members – FIR and consequent proceedings quashed in the interest of restoring harmony between the parties [Paras 1-13].

Exercise of Inherent Powers – Section 482 Cr.P.C. – Court discussed the parameters for exercising inherent powers to quash FIRs, as laid down by the Supreme Court in Narinder Singh v. State of Punjab (2014) 6 SCC 466 and Gian Singh v. State of Punjab (2012) 10 SCC 303 – Highlighted that such power should not be exercised in cases involving heinous and serious offences unless there are exceptional circumstances – In the present case, injuries, though grievous, were not life-threatening and the compromise was genuine [Paras 7-12].

Decision – Petition allowed – FIR No. 65 of 2019 and subsequent proceedings quashed – Petitioners acquitted of charges – Court acknowledged the societal benefit of the compromise and the need to maintain peace and harmony within the community [Para 13].

Banking Law – Declaration of Fraud – Petitioner challenged the classification as 'fraud' by the respondent bank – Argument that such classification must be based on a majority rule among consortium banks with at least 60% share in the total lending as per RBI guidelines – Earlier Show Cause Notice quashed for non-supply of documents and lack of hearing – Petitioner's classification as 'fraud' set aside for lack of jurisdiction and procedural irregularities – Directions to file a report with RBI and CBI/Police without prejudice to the rights of the parties [Paras 1-12].

RBI Master Directions – Jurisdictional Requirements – Emphasized that individual banks can independently audit accounts but cannot unilaterally declare an account as 'fraud' without consortium majority consent – Respondent bank’s failure to follow this directive renders the classification invalid [Paras 8-11].

Due Process – Requirement of Hearing – Highlighted the necessity of providing an opportunity of hearing to the petitioner before adverse classification – Failure to adhere to due process resulted in quashing of the impugned order [Paras 8-10].

Decision – Writ Petition Allowed – Held – Impugned order quashing the classification of the petitioner as 'fraud' set aside – Interim relief granted to the petitioner pending final adjudication – Directions for compliance with RBI guidelines and procedural fairness in future actions [Para 11].

Seniority List – Exclusion from List – Claim for Compensation – Respondent excluded from seniority list of Foresters appointed post-1980, allegedly due to not being in service during the list’s preparation. Respondent attained superannuation during litigation. Learned Single Judge directed appellants to pay monetary compensation for wrongful exclusion – Held, direction for monetary compensation set aside; respondent directed to seek redress under applicable Government schemes [Paras 1-8].

Service Law – Regularisation and Superannuation – Appellants argued non-inclusion of respondent’s name due to his absence from service when list was prepared. Court held that exclusion was wrongful but regularisation not possible post superannuation. Monetary compensation ordered by learned Single Judge inappropriate – Direction issued for respondent to seek appropriate relief under Government schemes for senior citizens [Paras 6-7].

Decision – Writ Appeal Partly Allowed – Order for monetary compensation set aside. Respondent directed to apply for benefits under suitable Government schemes. Appellate order does not interfere with the learned Single Judge’s finding on wrongful exclusion from seniority list [Para 8].
 

Civil Procedure – Amendment of Pleadings – Application for amendment under Order VI Rule 17 CPC allowed by Trial Court – Amendment sought to rectify General Power of Attorney (GPA) and include additional defendants – Trial Court found amendment necessary for effective adjudication – Delhi High Court finds amendment introduces new cause of action and affects rights of new defendants – Impugned order set aside, amendment application rejected [Paras 1-13].

Limitation – Application for Rectification of Instrument – Trial Court allowed amendment despite limitation concerns – Delhi High Court emphasizes that limitation is a factual issue requiring evidence – Original suit directed only against two defendants – Amendment seeks to challenge GPA executed by plaintiff herself – High Court holds that such amendment constitutes new cause of action and cannot be allowed at late stage [Paras 9-12].

Decision – Civil Revision Petition allowed – Impugned order set aside – Trial Court directed to proceed with suit as originally framed – Liberty granted to plaintiff to institute separate proceedings regarding new cause of action [Para 12-13].
 

Motor Vehicle Accident – Claim under Section 163A – Entitlement of Legal Representatives – Appeal against the Tribunal’s order denying compensation under Section 163A of the Motor Vehicles Act – Tribunal held the insurance company not liable as the deceased was riding the vehicle owned by his father – High Court converted the claim to Section 166 considering negligence – Compensation awarded with future prospects and general damages [Paras 1-24].

Liability of Insurance Company – Driving by Deceased – Insurance company contended policy did not cover the owner driving the vehicle – High Court noted the insured’s son, as a third party, entitled to claim – Compensation assessed under Section 166 for just compensation [Paras 13-20].

Determination of Compensation – Multiplier Method – Future Prospects – Compensation calculated using the multiplier method – 40% added for future prospects – Deduction for personal expenses at 50% as the deceased was a bachelor – General damages for loss of estate, funeral expenses, and pain and suffering enhanced by 20% since 2017 [Paras 21-22].

Decision: Appeal allowed – Compensation of Rs. 6,88,800/- awarded with interest at 6% per annum from the date of filing the claim application till deposit – Respondent insurance company directed to deposit the amount within six weeks – Tribunal judgment set aside [Paras 24-29].
 

Section 156(3) Cr.P.C. – Requirement for Preliminary Enquiry – Petitioner filed a complaint under Section 156(3) Cr.P.C. with a request to refer it for preliminary enquiry – Judicial Magistrate, Sathankulam, returned the application citing non-compliance with procedural requirements – High Court noted that while petitioner lacked receipts for stolen motor pump set and wires, this alone could not justify denying reference under Section 156(3) Cr.P.C. – Directed Judicial Magistrate to refer the complaint for enquiry without insisting on receipts, provided other conditions were met [Paras 3-7].

Decision: Criminal Original Petition allowed – Judicial Magistrate directed to refer the petitioner’s complaint under Section 156(3) Cr.P.C. for preliminary enquiry without requiring receipts for the stolen items, if other procedural requirements are met.
 

Partition – Ancestral Properties – Plaintiffs sought partition of A to C schedule properties into 12 equal shares, claiming 7 shares – Defendants contested on the grounds of independent acquisitions and pre-existing partitions – Trial Court granted plaintiffs 7/12^th share – On appeal, High Court examined the evidence and upheld the Trial Court’s decree [Paras 1-24].

Proof of Will – Requirement under Section 68 of Indian Evidence Act – Defendants produced a registered Will allegedly executed by Sundarayya – Propounder failed to prove Will as required – Evidence showed inconsistencies in attestation – Will not deemed genuine [Paras 18-22].

Acquisition and Self-Acquired Properties – Defendants contended certain properties were purchased independently – Evidence revealed no independent income source – Presumption that properties acquired from joint family funds – Items declared as joint family properties [Paras 15-17].

Decision – Appeal dismissed – Trial Court’s decree upheld – Plaintiffs entitled to 7/12^th share in ancestral properties – Registered Will declared invalid – Costs to be borne by respective parties [Para 25].

Landlord and Tenant – Eviction – Arrears of Rent – Petitioner tenant failed to pay rent for over six months and ignored landlord’s notice demanding arrears – Landlord entitled to decree for possession under Section 12(3)(a) of Bombay Rent Act – Tenant's defence of non-receipt of notice and payment to another heir rejected – Notice considered duly served – Appeal dismissed, eviction decree upheld [Paras 1-30].

Fixation of Standard Rent – Application filed after prescribed period – Bombay Rent Act requires filing within one month of notice – Application rejected – Standard rent application cannot nullify decree for arrears of rent and eviction [Paras 26-33].

Service of Notice – Validity – Notice sent to tenant’s workplace and marked as refused – Held valid service – Tenant had prior knowledge of landlord’s ownership and obligation to pay rent [Paras 18-20].

Tenant's Obligations – Arrears of Rent – Tenant failed to deposit arrears during pendency of suit – Triple default: pre-suit, post-suit, and during suit – No protection under Section 12(3)(b) for non-compliance [Paras 27-28].

Decision: Writ Petition dismissed – Concurrent findings of lower courts upheld – Tenant's eviction affirmed – Application for fixation of standard rent dismissed as untimely and ineffective in negating default [Paras 33-34].

Criminal Law – Negligent Driving – Petitioner convicted under Section 304-A IPC and relevant sections of the Motor Vehicles Act for causing death by negligent driving – Trial court and appellate court affirmed conviction – Revision court considered the petitioner's age, lack of mens rea, and absence of antecedents – Highlighted the potential of the petitioner’s future being ruined by the conviction stigma – Applied the doctrine of res ipsa loquitur, supporting the prosecution [Paras 1-17].

Probation of Offenders Act – Applicability – Court analyzed the application of Section 4 of the Probation of Offenders Act – Emphasized the discretion of courts to apply probation in cases involving young, first-time offenders with bright futures – Cited relevant precedents where probation was granted in similar circumstances [Paras 12-17].

Res ipsa loquitur – Doctrine Application – Prosecution's case supported by the doctrine, indicating the accident speaks for itself regarding the petitioner’s negligence – Both courts established petitioner’s negligent driving was the cause of death [Paras 10-11].

Decision: Criminal revision application partly allowed – Conviction maintained, but sentence suspended with the petitioner released on probation for one year – Petitioner to enter into a bond for maintaining peace and good behavior – Fine paid under Motor Vehicles Act forfeited to the government; fine under Section 304-A IPC to be paid to the legal heirs of the deceased [Para 17].