Criminal Misc. Writ Petition – Challenge to FIR under section 366 IPC – Petitioners in a torrid affair from different religions – Allegation of enticement and elopement – Informant claims danger to her daughter – Petitioners seek protection for a live-in relationship – Age of the victim disputed – Allegations of mistreatment and physical abuse – Court rejects superficial submissions for quashing FIR – Court expresses reservations about such relationships and emphasizes the need for seriousness and sincerity – Rejects the petition, declining protection during the investigation. [Para 6-22]

Family Law – Divorce Appeal – Husband appeals against the family court’s decision of dismissing his divorce petition – Wife’s refusal to reside separately and allegations of cruelty against the husband cited as reasons for appeal. [Para 1-2]

Marital Behavior – Allegations of mental and emotional distress inflicted by the wife on the husband – Wife denies allegations and argues willingness to return to matrimonial home. [Para 2-4]

Maintenance – Wife granted monthly maintenance of Rs. 5500 under Section 125 of the CrPC – Husband contests this as a ground for divorce. [Para 3]

Counseling – Contradictions in parties' statements during counseling sessions – Husband unwilling to reside with wife, despite her stated willingness. [Para 4, 12]

Evidence – Both parties produce witnesses to substantiate their claims – Family Court finds insufficient proof of cruelty or desertion against the wife. [Para 5-6]

Decision – Court observes husband’s unwillingness to accommodate wife and failure to make efforts for restitution of conjugal rights – Appeal dismissed, family court judgment upheld. [Para 13-14]

Criminal Proceedings - Quashing of FIR under Section 306 IPC based on compromise - Legal position regarding quashing of criminal proceedings explained - The inherent power of the High Court under Section 482 Cr.P.C. can be exercised to quash criminal proceedings relating to non-compoundable offences, particularly those of a civil and personal nature, upon compromise, depending on the facts and circumstances of the case. [Para 6-13]

Offence under Section 306 IPC - Abetment to commit suicide - Specific criteria for establishing an offence under Section 306 IPC discussed - The mere mention of the accused in a suicide note without specific allegations or attribution may not be sufficient to invoke Section 306 IPC. [Para 18-25]

Quashing of Proceedings - High Court's discretion to quash proceedings based on compromise - When allegations in the FIR do not constitute the offence under Section 306 IPC, and a compromise has been reached between the parties, quashing the proceedings serves the purpose of preventing the abuse of the court's process. [Para 9, 10]

Decision - The petition is accepted, and FIR No.180 dated 14.04.2022 registered under Section 306 IPC is quashed along with all subsequent proceedings arising from it. [Para 11]

Bail Application - Grant of regular bail to petitioners - Petitioners are accused in a case involving charges under Sections 307, 353, 186, and 34 IPC, Section 21(c) of the Narcotic Drugs & Psychotropic Substances Act, and Section 25 of the Arms Act - Petitioner Sukhchain Singh alias Bhujia withdrew his petition. [Para 3-4]

Bail Application - Petitioners Manpreet Singh alias Patwari and Gurjinder Singh alias Gurinder Singh alias Baba not named in the FIR - No recovery of firearms from them - No prior conspiracy established - Other accused named in the FIR - Alleged involvement based on disclosure statements - Petitioners in custody for an extended period - Trial likely to take time - Bail granted to petitioners subject to bail/surety bonds and non-involvement in any other criminal activity. [Para 5-13]

Legal Precedent - Citing "Maulana Mohd. Amir Rashadi Vs. State of U.P. and another," 2012 (2) SCC 382, highlighting that the accused's role in the case should be considered when deciding a bail application, and bail cannot be rejected solely based on previous criminal antecedents. [Para 10]

Decision - Petitions allowed, and petitioners ordered to be released on bail, with a cautionary note about potential bail cancellation if they engage in criminal activity or attempt to influence witnesses. [Para 13-16]

Regular Bail – Delayed Release – Compensation for Illegal Incarceration – The convict, who had been granted regular bail by a previous court order, remained in jail due to negligence on the part of jail authorities, causing a delay in his release. The court acknowledges the serious lapse on the part of the jail authorities and grants compensation of Rs. 1,00,000/- to the applicant for his almost three years of illegal incarceration. [Para 1-12]

Directions for Timely Release – The Supreme Court’s directions regarding the release of undertrial prisoners and convicts granted bail are noted, emphasizing the need for timely release and providing guidelines for the same. [Para 8-9]

District Legal Services Authority (DLSA) – Failure to Identify Cases – The DLSA, responsible for identifying cases where prisoners granted bail are not released, is criticized for failing in its duty. All DLSAs are directed to collect data on such cases and reasons for non-release. [Para 13]

Listing for Compliance – The matter is scheduled to be listed for compliance with the aforementioned directions and for ensuring compensation to the applicant on 18.10.2023. [Para 15]

Criminal Offenses – Quashment of FIR and Charge Sheet – Application under Section 482 of Cr.P.C for quashing FIR and charge sheet – Allegations of commission of offense under Section 294 and 506 of IPC – Complaint based on allegations of abuse and threat – Examination of the factual matrix – Lack of specific allegations and necessary ingredients for the offenses – Mere use of abusive language and threats not sufficient to constitute offenses – Insufficient evidence to establish intent to cause alarm – Quashing of FIR and charge sheet justified. [Para 2-28]

Administrative Law – Central Administrative Tribunal's Order – High Court sets aside the Tribunal's order directing the Staff Selection Commission to form a High Power Committee for re-examining candidates' qualifications. The court found this to be parallel to existing legal proceedings. [Para 1, 3, 4]

Constitutional Law – Articles 14 and 16 – The Tribunal directed based on the premise that respondents’ opportunity for appointment and livelihood come under these Constitutional Articles. The High Court refrains from commenting on the merit of this constitutional issue. [Para 1, 5]

Criminal Proceedings – FIR and Challans – The High Court notes that an FIR has been registered and challans filed against certain candidates in Criminal Court. It holds that a parallel committee for investigation would be impermissible under these circumstances. [Para 2, 3, 4]

Due Process – Fair Opportunity – The Tribunal had expressed concerns over whether the candidates were granted a fair opportunity. The High Court leaves this issue for the Tribunal to decide in accordance with the law. [Para 1, 4, 5]

Committee Recommendations – Staff Selection Commission's Internal Inquiry – The previous committee cleared 135 candidates for appointment and initiated criminal action against the rest. The court takes this into record but notes that no further Committee could have been constituted. [Para 6]

Future Proceedings – Original Applications at the Tribunal – The High Court directs that as the Original Applications are still pending before the Tribunal, they are to be decided in accordance with the law. [Para 4]

Civil Procedure – Interpretation of Rule 3-A of Order XLI of the Code of Civil Procedure, 1908 – Whether the prohibition against making an order of stay of execution under Rule 3-A(3) is mandatory – Legislative intent to ensure the consideration of the question of limitation before admission of appeals – Context and purpose of the rule examined. [Para 18-23]

Motor Vehicles Act – Filing of appeals under Section 173 of the Motor Vehicles Act, 1988 – Requirement to accompany the appeal with an application for condonation of delay – Provisions of Rule 3-A of Order XLI of the CPC applicable to appeals under Section 173 – Discussion on the mandatory nature of these requirements. [Para 6-10]

Judicial Interpretation – High Court’s duty to consider applications for condonation of delay before entertaining appeals – Analysis of decisions from Andhra Pradesh High Court and Supreme Court – The importance of adhering to statutory timelines and procedures in the context of appeals. [Para 10-17]

Legislative Intent – Understanding the purpose of Rule 3-A of Order XLI – Curbing the practice of admitting appeals without addressing the question of limitation – Evolving a procedure to ensure timely consideration of condonation of delay. [Para 22-23]

Civil Procedure – Interpretation of Rule 3-A of Order XLI of the Code of Civil Procedure – Construction of the word “shall” in sub-rule (3) of Rule 3-A – Whether “shall” is mandatory or permissive – Division Bench of this Court held that “shall” in Rule 3-A(3) is permissive, allowing for consideration of applications for stay of execution even if the application for condonation of delay is pending. [Para 32-35]

Stay of Execution – Applications for stay of execution of judgment and award – Stay granted, subject to deposit of entire decretal amount along with interest in the concerned Tribunal within a period of four weeks in each case. [Para 40, 44, 47, 50]

Civil Procedure – Recalling Witness for Further Cross-examination – Documents Exhibited Post Evidence – Right to Rebuttal Recognized – After plaintiff completed evidence and was cross-examined, documents were admitted under Order 7 Rule 14(3) CPC and exhibited during cross-examination of a defence witness – Held: Defendant entitled to opportunity for re-cross-examination to rebut newly exhibited documents – Trial court erred in denying such opportunity; order set aside [Paras 2, 10–13].

Discretion under Order 18 Rule 17 CPC – Power of Court to Recall Witnesses – Permissible When Justice Demands – Recalling a witness under Order 18 Rule 17 is a discretionary power to clarify issues – While not a matter of right, may be exercised in circumstances warranting further elucidation due to developments in the trial – Held: Second application maintainable where first was rejected before documents were exhibited [Paras 5, 10–12].

Inherent Powers under Section 151 CPC – To Prevent Injustice – Complementary to Express Provisions – Where CPC does not bar such action and justice demands intervention, inherent powers under Section 151 may be invoked – Held: Order 18 Rule 17 read with Section 151 CPC can be employed to recall witness when documents affecting rights are newly introduced [Paras 10, 11, 13].

Evidence Act – Cross-examination and Admissibility – Unchallenged Testimony May Be Treated as Admitted – Opportunity to cross-examine is vital – Exhibiting documents during cross of another witness without permitting rebuttal cross-examination of plaintiff may prejudice rights – Held: Right to cross-examination safeguarded under Evidence Act; denial unjustified [Paras 12, 13].

Final Decision – Petition Allowed – Re-Cross Examination Permitted – High Court allowed petition – Order dated 10.05.2023 by trial court set aside – Petitioner granted permission to re-cross-examine the plaintiff on documents Ex.P/23 and P/24 – Interim relief vacated [Para 13, last].