Criminal Law – Quashing of Proceedings – Jurisdiction and Legal Procedures – The Allahabad High Court addressed the legality of police action and judicial cognizance in a case involving election-related offences under Sections 171 H and 188 of the Indian Penal Code. The court scrutinized the jurisdictional aspects of FIR registration, charge sheet preparation, and the magistrate's cognizance in the context of the specific legal provisions governing such offences. [Para 6, 14, 16, 28]

Jurisdiction in Election-Related Offences – Held – emphasized that for offences under Sections 171 H and 188 of the IPC, cognizance by the court requires a written complaint from the concerned public servant, not an FIR by the police. The court noted that Section 171 H IPC is non-cognizable and Section 195(1) Cr.P.C. mandates a specific procedure for cognizance, which was not followed in this case. [Para 13-14, 16, 26-27]

Invalidity of Police Investigation and Judicial Cognizance – Determined – examined the procedural lapses in the police investigation and the subsequent judicial cognizance. The court held that the investigation into a non-cognizable offence without a magistrate's order and the magistrate's failure to apply judicial mind while taking cognizance rendered the proceedings invalid. [Para 28-30, 36]

Decision – Application under Section 482 Cr.P.C. allowed – Impugned charge sheet, cognizance/summoning order, and entire criminal proceedings quashed – Directs compliance of order by trial court – [Paras 38-40]

Matrimonial Law – Divorce by Mutual Consent – Withdrawal of Consent – case concerning the withdrawal of consent for divorce by mutual consent under the Divorce Act was examined. The primary focus was on the validity and effects of withdrawing consent after partial compliance with the terms of a mediation agreement. [Para 2, 3, 13, 20]

Interpretation of Mutual Consent in Divorce – Analysis – The court analyzed the legal principles governing divorce by mutual consent, especially focusing on whether a party can unilaterally withdraw consent after partially complying with the terms of a mediation settlement. The court considered precedents from the Bombay High Court and its implications on the present case. [Para 17-19]

Precedential Influence – Relevance – The court discussed the relevance and applicability of previous decisions from various High Courts, including the Bombay High Court and previous Kerala High Court judgments, in determining the legal position of withdrawing consent in mutual consent divorces. [Para 17, 19]

Decision – Upholding Family Court’s Decision – The High Court upheld the Family Court’s decision, which had decreed the divorce despite the appellant's withdrawal of consent, basing its judgement on established legal principles and precedents. The court found no illegality or irregularity in the Family Court’s approach and dismissed the appeal. [Para 21]

Civil Procedure – Execution of Decree – Auction of Property – Court dealt with a revision petition challenging the order of the Addl. Civil Judge (Senior Division), Ferozepur, pertaining to the auction sale of land to satisfy a decree for compensation. The land was attached following a partly decreed suit for recovery due to a death caused by the petitioner and others. [Para 1, 2, 4]

Judicial Discretion – Adjournment and Stopping of Sale – The Court referred to Order 21 Rule 69 CPC, emphasizing the judicial discretion in adjourning or stopping a sale, and highlighted the provision allowing a sale to be stopped if the debt and costs are tendered before the auction's conclusion. [Para 8, 10]

Equitable Consideration – Proportionate Liability – The Court noted the petitioner's argument that his liability was not joint or several but proportional as one of the six defendants, and his willingness to deposit the entire decretal amount to stop the auction. [Para 6, 9]

Court Direction – Deposit of Decretal Amount and Costs – The Court disposed of the petition, directing the petitioner to approach the executing court with an application to deposit the decretal amount and costs for stopping the sale. The auction scheduled for 18.03.2024 was ordered to be kept in abeyance until 4.30 pm of the same day, subject to further orders. The petitioner was also warned of additional costs for non-compliance. [Para 11, 12]

Decision – Provisional Relief Granted – The petition was disposed of with directions to approach the executing court, offering the petitioner a provisional relief to prevent the auction by depositing the required amount. [Para 13]

Labour Law - Workmen's Compensation Act – Claim for Compensation Dismissed – The High Court affirmed the decision of the Competent Authority under the Workmen's Compensation Act, 1923, dismissing the claimant's application for compensation due to lack of evidence proving loss of earning capacity. [Para 1, 6]

Evidence and Proof – Requirement for Claiming Compensation – The claimant failed to provide adequate evidence to establish the extent of loss of earning capacity due to the injury, as required under Section 4(1)(c)(ii) of the Workmen's Compensation Act, 1923. The claimant’s continued employment as a laborer despite the injury was noted. [Para 5-6]

Legal Interpretation – Workmen's Compensation Act, Section 4(1)(c)(ii) – Application of Section 4(1)(c)(ii) in cases of non-specified injuries requiring proof of loss of earning capacity. The court elaborated on the necessity of evidence to establish the percentage of loss of earning capacity for claiming compensation. [Para 5]

Judgment – Upholding Competent Authority’s Decision – The High Court upheld the Competent Authority's decision to dismiss the claimant's application for lack of substantial evidence demonstrating a significant loss of earning capacity as per legal requirements. [Para 6]

Criminal Procedure – Quashing of FIR – Section 482 Cr.P.C. – Court considered a petition under Section 482 of the Cr.P.C. for quashing FIR No. 38 dated 01.07.2022 under Sections 420 & 120-B of IPC, alleging cheating and criminal conspiracy, linked to a breach of a marital agreement. The Court scrutinized the details of the agreement and the FIR to determine the nature of the alleged offences. [Para 2-3, 6-8]

Interpretation of Cheating under Sections 420 & 120-B IPC – held – emphasized that the mere breach of terms of an agreement does not necessarily constitute cheating, unless there is a fraudulent or dishonest intention from the inception. The Court found no initial dishonest intent or inducement in this case, thereby not fulfilling the requirements for an offence under Section 420 IPC. [Para 8, 11]

Civil Remedy Versus Criminal Prosecution – observed – the Court noted that the agreement between the parties provided for a civil remedy in case of breach. It held that turning a civil liability into a criminal case constituted an abuse of the process of law, emphasizing that criminal law should not be used as a tool for arm-twisting in civil disputes. [Para 7, 12]

Decision – Quashing of FIR – The Court allowed the petition and quashed FIR No. 38 dated 01.07.2022, along with all subsequent proceedings, underlining the inappropriateness of criminal prosecution in this instance and underscoring the need to distinguish between civil and criminal liabilities. [Para 12-13]

Civil Procedure – Right to Lead Evidence – Grant of Final Opportunity – whether the petitioner should be granted a final opportunity to present evidence after multiple adjournments. The Court emphasized the importance of the right to lead evidence as part of natural justice and fair play. [Para 6, 10]

Judicial Discretion in Grant of Opportunities – exercised – Court recognized that while procedural law aims at doing substantial justice, judicial discretion should be employed thoughtfully, balancing the need for expeditious disposal of cases with fairness. The Court noted that imposing costs could be a reasonable measure before closing a party's right to present evidence. [Para 7, 8]

Procedural Law – Serving Justice – observed – The Court cited precedents emphasizing that procedural law should aid, not obstruct justice. It underscored the principle that procedural prescriptions are instruments to facilitate, not impede, the administration of justice. [Para 9]

Decision – Granting Final Opportunity to Lead Evidence – The High Court allowed the revision petition, setting aside the impugned order of the lower court. It provided the petitioner one final chance to lead evidence, subject to the payment of costs as compensation for the inconvenience caused to the respondents. [Para 11, 12]

Costs Imposition – As a Conditional Relief – The Court imposed costs on the petitioner, conditioning the grant of a final opportunity to lead evidence upon the payment of these costs, thereby ensuring accountability and responsibility in the conduct of litigation. [Para 11]

Criminal Law – Grant of Bail – Court considered the application for regular bail filed by Sanju alias Sahil Kumar in FIR No. 323/2023 under IPC Sections 307, 452, 148, 149 and Arms Act Sections 25, 27. The petitioner sought bail, emphasizing his inadvertent implication in the crime, lack of specific role or injury attributed to him, and a compromise with the complainant. [Para 1-3]

Application of Judicial Principles in Granting Bail – The court reiterated the fundamental legal principle that 'Bail is the Rule and Jail is an Exception,' deriving from the landmark judgment in State of Rajasthan v. Balchand (1977). The court stressed the importance of individual liberty under Article 21 of the Constitution, the right to a speedy trial, and the presumption of innocence, alongside the gravity of the offence. [Para 5-7]

Factors Considered for Bail – The petitioner’s clean criminal record, the approximate three-and-a-half months of incarceration, completion of the investigation, and the fact that charges had not yet been framed were key factors influencing the decision. The court noted that further incarceration would not serve a purpose as the presence of the accused could be secured by other means. [Para 10]

Decision – Grant of Regular Bail – The court allowed the bail application, ordering the petitioner’s release on furnishing the required bail and surety bond, without commenting on the merits of the case. This decision was made considering the totality of circumstances and legal principles governing bail. [Para 11]

Transit Anticipatory Bail - Grant of - Cyber Fraud Case – CRM-M-901 of 2024 - Petitioner seeking transit anticipatory bail in a case registered at Cyber Crime Police Station, Hyderabad for alleged involvement in cyber fraud - FIR registered for offenses under Sections 66(C), 66(D) of IT Act and 419, 420 IPC - Court, relying on precedent in Priya Indoria Versus State of Karnataka & others, 2023(4) Law Herald (SC) 3279, grants transit anticipatory bail for 15 days to enable petitioner to approach the competent court in Hyderabad for anticipatory bail - Observes that courts can exercise jurisdiction and entertain pleas for transit anticipatory bail even if FIR not filed within territorial jurisdiction - Decision ensures access to justice and acknowledges presumption of innocence. [Paras 1-9]

Cyber Crime Investigation – Jurisdictional Concerns – Analysis - Court recognizes the challenge of jurisdiction in cybercrime cases - Emphasizes that courts have the power to grant transit anticipatory bail in cases registered outside their territorial jurisdiction - Upholds the principle of access to justice and presumption of innocence until proven guilty - Reiterates the approach established in the case of Priya Indoria, emphasizing flexibility in judicial process for cyber crimes spanning multiple jurisdictions. [Paras 6-7]

Order – Transit Anticipatory Bail Granted - In light of the precedents and circumstances, the Punjab and Haryana High Court grants transit anticipatory bail to petitioner for 15 days - Directs petitioner to file a petition for anticipatory bail in the competent court in Hyderabad, Telangana - Clarifies that no opinion expressed on the merits of the case, leaving the matter to be determined by the court of competent jurisdiction. [Paras 8-9]

Gang Rape and Aggravated Penetrative Sexual Assault - Conviction under Section 376D IPC and Section 6 POCSO Act - Appeals dismissed, conviction and sentences upheld - Accused involved in gang rape and aggravated penetrative sexual assault of a minor - Approver's testimony corroborated by forensic evidence and other witnesses, establishing charges beyond reasonable doubt - Victim's age established as a minor through ossification test corroborated by parental testimony [Paras 1-3, 6-10, 12-16, 18-24, 26-34, 36-40, 42-56, 58-68, 70-80, 82-86, 87-91]

DNA Profiling Evidence - DNA profiling test confirms involvement of accused - One appellant established as biological father of child conceived from the assault - Forensic evidence played a crucial role in confirming appellants' involvement in the crime [Paras 7, 9, 27-29, 32-34, 42-48, 50-54, 66-67]

Judicial Scrutiny of Approver's Testimony - Legal precedents uphold use of approver’s testimony when corroborated - Evidence of approver (PW 23) corroborated by forensic and other evidence, confirming his and appellants' involvement [Paras 14-16, 20, 26, 30, 56-58, 73-76, 80-83]

Victim's Age and Consent - Ossification test establishes victim as a minor - Arguments on victim's consent dismissed based on conclusive proof of age and circumstances of the crime [Paras 21-22, 70, 84-85]

Decision: Appeals dismissed, conviction and sentences upheld - Period of detention suffered by appellants adjusted against sentence [Paras 87-91]