Family Law – Divorce – Irretrievable Breakdown of Marriage – Parties living separately since April 2010 – Multiple litigations and failed reconciliation attempts – Held: Relationship has irretrievably broken down – No purpose in perpetuating a legally defunct marriage – Supreme Court exercises powers under Article 142 of the Constitution to dissolve the marriage [Para 8–9].

Maintenance – Domestic Violence Act and CrPC – Trial Court granted monthly maintenance, education expenses, residence rights, and compensation to wife and child under DV Act – Family Court also granted additional maintenance under Section 125 CrPC – High Court set aside Family Court’s order and partly allowed husband's revision – Held: In light of comprehensive settlement, all prior orders merged into final alimony award – All pending proceedings quashed [Paras 3.5, 3.7–3.9, 8–9].

Permanent Alimony – Settlement – Respondent-husband offered Rs.1 crore as full and final settlement for all claims by wife and minor son – Supreme Court found the amount fair and reasonable considering income, duration of litigation, and circumstances – Directed payment within three months – Upon receipt, no further claims to be raised by either party [Paras 7–9].

Constitution of India – Article 142 – Scope – Supreme Court invoked Article 142 to do complete justice – Dissolved marriage, settled all pending disputes, and quashed all civil/criminal proceedings arising from the matrimonial relationship – Held: Appropriate case for Article 142 relief due to protracted litigation and impossibility of marital reconciliation [Paras 8–9].

Decision: Appeal allowed in part – Marriage dissolved under Article 142 – Respondent-husband directed to pay Rs.1 crore as permanent alimony and final settlement to appellant-wife within 3 months – All civil and criminal proceedings between the parties arising from the marriage quashed – No further claims maintainable thereafter – Appellant to provide bank details – Pending applications disposed of [Paras 9–12].

Service Law – Compassionate Appointment – Civil Death – Respondent No.2 sought appointment on compassionate grounds after his father, a municipal employee, went missing on 01.09.2012 – High Court directed appointment by treating 01.09.2012 as date of death – Held: Under Section 108 of the Indian Evidence Act, death is presumed only after a lapse of 7 years from the date of disappearance – No specific evidence adduced to prove earlier date of death – Civil Court decree did not fix a date of death – Presumption of death applies only from 01.09.2019 – Appointment on compassionate grounds cannot be based on presumed death before that date [Paras 3, 6–9]

Service Law – Retirement Benefits – Missing Employee – Despite disappearance, employee was deemed in service and retired on 31.01.2015 – Family accepted retiral dues and continues to receive pension – Held: Acceptance of retirement and benefits estops respondent from seeking compassionate appointment based on presumed earlier death [Paras 4, 9]

Administrative Law – Scope of Judicial Direction – High Court erred in directly ordering appointment – Held: Even where claim is maintainable, proper course is to direct consideration of the case, not straight appointment – Appointment can only follow satisfaction of prescribed criteria [Para 10]

Equitable Relief – Appointment on Merits – Though compassionate appointment was denied, Court left it open to the Corporation to consider respondent No.2 for appointment on merits, independently of his claim, subject to law and age relaxation if permissible [Para 11]

Decision: Appeal allowed – High Court’s judgment dated 18.07.2024 set aside – No entitlement to compassionate appointment – Liberty granted to consider respondent No.2 for appointment on other grounds.

Criminal Law – Sections 302, 376, 394 and 449 IPC - Circumstantial Evidence – Murder, Rape, and Robbery – Conviction Reversed – Appellant convicted for rape, robbery, and murder of 85-year-old woman – Prosecution case based solely on circumstantial evidence – Trial court and High Court convicted appellant based on alleged recovery of gold bangles and testimony of ‘last seen’ witness – Held: No eyewitness – Chain of circumstantial evidence incomplete – No forensic link between appellant and crime scene or victim – Guilt not established beyond reasonable doubt – Conviction set aside [Paras 1-4, 17-18, 24, 32-33]

Recovery Evidence – Credibility – Doubt Cast – Prosecution claimed recovery of gold bangles from appellant’s pocket at hospital following arrest – Appellant alleged police torture and false implication – Held: Recovery at 4:00 a.m., three days after incident, appears planted – Unlikely accused would carry stolen jewellery so long after crime – No evidence of proper seizure process or identity of informant leading to arrest – Recovery held unreliable [Paras 11, 22-23, 29]

Witness Testimony – Last Seen Theory – Weak Evidence – Prosecution relied on Senthil Kumar (PW-5) who saw appellant exiting compound at 2:45 a.m. – Did not see him exiting victim’s house – Did not find appellant suspicious – Akash Saksena (PW-6) stated appellant went out at 2:00 a.m. and returned perturbed – Held: Last seen evidence insufficient and uncorroborated – No link established between presence and commission of crime [Paras 8, 20, 28]

Investigation – Material Witness Not Examined – Marcus, who went with appellant to smoke at 2:00 a.m., never examined – Held: Marcus was last person seen with appellant before alleged time of offence – His omission casts serious doubt – Prosecution claim that he was not a material witness rejected – Non-examination of critical witness undermines prosecution case [Paras 21, 30]

Criminal Procedure – Deficiencies in Identification and Arrest – Prosecution failed to record identity or statement of informant who led to appellant’s arrest – No sketch or identification process followed – No test identification parade conducted – Held: Arrest narrative doubtful – Supports defence claim of earlier illegal custody and torture – Benefit of doubt to be given [Paras 22-23, 29]

Forensic Evidence – Absence of Corroboration – Sniffer dog, fingerprint and forensic teams visited crime scene – No fingerprints of appellant found – No biological samples (hair, blood, semen) linked to accused – Held: Lack of scientific evidence fatal in circumstantial case – Prosecution failed to connect accused to crime scene or victim [Paras 7, 24-25, 27]

Legal Principles – Circumstantial Evidence – Chain Must Be Complete – Reiterated: Suspicion, however strong, cannot substitute proof – Missing links in chain fatal to conviction – Applied principles in Karakkattu Muhammed Basheer v. State of Kerala and Kali Ram v. State of Himachal Pradesh – Held: Conviction unsustainable in absence of cogent and conclusive evidence [Paras 17, 26, 31-32]

Decision: Appeal allowed – Conviction and sentence under Sections 302, 376, 394 and 449 IPC set aside – Appellant acquitted – Ordered to be released forthwith if not wanted in any other case [Para 33]

Criminal Law – Unlawful Assembly – Common Object – Murder – Section 149 IPC – Appellants (accused nos. 3, 4, 6) challenged reversal of acquittal and conviction under Sections 302/307 read with 149 IPC – Trial Court had acquitted for want of specific overt act or common object – High Court reversed acquittal on reappraisal of consistent, corroborated ocular and medical evidence – Held: Active participation and facilitation of premeditated attack established – Common object to commit murder proved – Section 149 rightly invoked [Paras 35-44].

Criminal Procedure – Interference with Acquittal – Scope of Appellate Jurisdiction – Appellants contended High Court overstepped jurisdiction in reversing acquittal – Supreme Court held: Where Trial Court’s view is manifestly unsustainable or overlooks crucial evidence, High Court justified in reversing – Trial Court failed to appreciate consistent eyewitness accounts and corroborative medical evidence – No perversity in High Court’s judgment [Paras 29-30, 46].

Witness Testimony – Credibility of Injured Eyewitnesses – PW-1, PW-7, and PW-9 were consistent in narrating arrival of accused on motorcycles with weapons, attack sequence, and individual roles – Court found testimonies natural, coherent, and supported by medical evidence – No material contradictions sufficient to discard their evidence – Held: Eyewitness accounts trustworthy and established coordinated assault [Paras 31-36].

Medical Evidence – Corroboration – Autopsy confirmed death due to haemorrhagic shock from multiple incised injuries on vital organs – PW-7 and PW-9 suffered grievous injuries – Medical officers (PW-16, PW-19, PW-21) confirmed injuries consistent with sharp weapons used – Held: Medical evidence corroborates ocular account and proves brutal and targeted nature of attack [Paras 38-40].

Vicarious Liability – Section 149 IPC – Mere presence with knowledge of weapons and object of assembly sufficient – Individual infliction of fatal blows not necessary – Appellants’ transportation of assailants and role in preventing escape integral to execution of common object – Held: All appellants liable for murder and grievous hurt under Section 149 IPC [Paras 41-44].

Decision: Appeals dismissed – Conviction under Sections 302 and 307 read with Section 149 IPC affirmed – Trial Court’s acquittal rightly reversed by High Court – No merit found in appellants’ contentions [Paras 47-48].

Criminal Law – Murder Conviction – Acquittal Reversed – Appellant convicted for the murder of her niece-in-law by pouring kerosene and setting her ablaze – Trial court acquitted the appellant due to inconsistencies in three dying declarations – High Court reversed acquittal relying on the first dying declaration made to an independent medical officer (PW-3) supported by forensic and medical evidence – Held: First dying declaration clear, voluntary, medically certified, and corroborated by recovery of kerosene container and burn pattern – Conviction under Section 302 IPC justified [Paras 1-3, 6, 10-12]

Dying Declarations – Admissibility – Multiple Versions – Discrepancies – Prosecution relied on three dying declarations made by deceased victim, two of which had minor inconsistencies – First dying declaration made before doctor (PW-3), a neutral witness, clearly implicated the appellant – Supreme Court held: Each dying declaration must be evaluated on its own merit – Merely because other declarations had discrepancies, the first declaration cannot be discarded if found truthful and voluntary – Statement corroborated by medical certificate and kerosene smell from body and site [Paras 6, 10, 13]

Medical Evidence – Corroboration of Dying Declaration – PW-3 (In-charge Medical Officer) testified that deceased was conscious, fit to speak, and provided consistent history implicating appellant – Medical Certificate (Exhibit 20) and Yadi to police corroborated dying declaration – Body of deceased had 100% burns and strong kerosene odour – Postmortem (Exh. 25) and physical evidence including empty kerosene container and kerosene-soaked soil further supported prosecution version – Held: High Court rightly relied on medical evidence to convict [Paras 6, 7, 10-12]

Criminal Procedure – Appeal Against Acquittal – Interference by Appellate Court – Trial court acquitted appellant citing benefit of doubt due to minor inconsistencies – Supreme Court held: Where only one view is possible on evidence and trial court failed to properly appreciate key facts, High Court justified in reversing acquittal – First dying declaration proved and corroborated – High Court rightly convicted under Section 302 IPC [Paras 4, 6, 13-14]

Defence – Accidental Fire Theory – Rejected – Defence claimed incident was accidental – However, victim's 4-year-old son who slept beside her suffered only 10-12% burns – Victim had 100% burns – Supreme Court held: Pattern of injury inconsistent with accidental fire – Appellant’s theory unsupported by evidence – Strong smell of kerosene on clothes, body, and site corroborated deliberate act [Paras 6, 11-12]

Appeal Dismissed – Supreme Court affirmed conviction under Section 302 IPC – Held: Trial court wrongly disbelieved trustworthy dying declaration given to doctor – Medical and circumstantial evidence support prosecution – High Court’s judgment restored – No interference warranted [Paras 14-15]

Motor Vehicles – Compensation – Fatal Accident – Reassessment of Income – Deceased died in road accident due to negligent driving of bus which deviated from its permitted route – Tribunal awarded compensation of Rs. 18.86 lakhs based on notional income of Rs. 8,000/month – High Court reassessed income at Rs. 15,750/month with 40% future prospects, applying multiplier of 16 and appropriate deductions for dependents – Total compensation enhanced to Rs. 31.84 lakhs – Held: High Court correctly applied settled principles for assessing loss of dependency and consortium benefits [Paras 4–5.1].

Motor Vehicles – Insurance Liability – Route Permit Violation – Appellant-owner’s bus did not have permit to enter Channapatna City where accident occurred – High Court applied ‘pay and recover’ principle relying on Amrit Paul (2018) 7 SCC 558 – Held: Driving vehicle outside permitted route is a fundamental breach of policy – Insurer must first compensate third parties, but entitled to recover from insured – Deviation from permit route justifies application of ‘pay and recover’ principle [Paras 5.2–10].

Motor Vehicles – Insurance Law – 'Pay and Recover' Doctrine – Applicability – Court reaffirmed that in cases involving lack of valid permit, fake or no driving license, or unauthorized goods carriage, insurer is liable to third party but can recover from owner – Cited precedents in Swaran Singh (2004) 3 SCC 297, Kamla (2001) 4 SCC 342, Parminder Singh (2019) 7 SCC 217, S. Iyyapan (2013) 7 SCC 62 – Held: Principle balances rights of victims with contractual limitations of insurers – High Court’s direction upheld [Paras 7–10].

Decision: Appeals dismissed – Compensation enhanced – Insurer directed to pay and recover from owner – No order as to costs [Para 11].

Practice and Procedure – Adverse Remarks Against Counsel – Modification of Order – Supreme Court had imposed Rs. 2 lakh costs and made adverse observations against State Election Commission’s counsel for persistent insistence despite repeated disinclination expressed by the Bench – Counsel filed Miscellaneous Application seeking expungement and waiver of cost – Held: Once Court indicates its mind, further insistence by counsel is inappropriate and undermines courtroom decorum – However, considering unqualified apology and first-time conduct, adverse remarks and cost are deleted with caution against future recurrence [Paras 3, 6–9].

Advocacy – Duty Towards Court vs Client – Counsel must strike balance between duty to client and maintaining decorum of court – Persistent submissions after clear judicial indication disturb dignified functioning of Court – Assurances from senior bar members considered in granting relief [Paras 6–7].

Decision: Application allowed – Remarks against counsel expunged – Cost of Rs. 2,00,000 deleted – Counsel cautioned not to repeat such conduct [Para 9].

Criminal Law – Prevention of Corruption – Demand and Acceptance – Appellant, a Labour Officer, allegedly demanded ₹9,000 bribe and accepted ₹3,000 for license renewal – Trap set by ACB, tainted currency recovered from drawer of appellant's desk – Trial Court acquitted appellant citing inconsistencies in complainant’s account, procedural lapses, negative phenolphthalein test, and credible defence witnesses – High Court reversed acquittal – Held: Acquittal based on plausible view grounded in evidence – High Court failed to consider key contradictions and defence version – Demand and acceptance not proved beyond reasonable doubt – Presumption under Section 20 PC Act not attracted [Paras 1, 10–14, 18–20, 33].

Evidence – Hostile Witness – Credibility – Office attendant (PW-4) turned hostile, admitted to pressure from ACB and supported defence in contemporaneous letter – Defence witnesses (DW-1, DW-2) corroborated absence of accused during alleged bribery moment – High Court unjustifiably rejected their testimony – Held: Defence version plausible, supported by consistent independent evidence – Cannot be discarded merely due to official relationship with accused [Paras 26–30].

Criminal Procedure – Reversal of Acquittal – Appellate Interference – Appellate court must show perversity or grave error in Trial Court's view – High Court failed to address material inconsistencies, speculative reasoning on motive – Suspicion cannot replace proof – Held: Trial Court’s acquittal restored as it was reasonable and based on cogent evaluation of record – No justification for appellate reversal [Paras 11–13, 33].

Public Servants – Legal Authority – Inspection of Registers – High Court held demand for registers by appellant was coercive tactic – Held: Such findings unwarranted – Labour Officers empowered by law to call for records – Written notice issued by appellant validated his actions – No illegality in procedure followed [Para 34].

Decision: Appeal allowed – Conviction set aside – Acquittal restored – Bail bonds discharged [Para 35].

POCSO – Conviction – Quashed Under Article 142 – Appellant convicted under Section 366 IPC and Section 6 POCSO Act – During pendency of appeal, appellant married victim and they had a child – Victim (now wife) expressed desire to live peacefully with appellant and opposed continuation of proceedings – Complainant (victim's father) raised no objection – Held: Though offence under POCSO is serious and ordinarily not compoundable, in unique facts, continuation of proceedings would defeat justice and harm victim and child – Criminal proceedings quashed in exercise of powers under Article 142 to render complete justice [Paras 1-3, 5, 9-11, 14-15].

Constitution of India – Article 142 – Complete Justice – Extraordinary power invoked to balance justice, deterrence, and rehabilitation – Court emphasized justice must not be rigid, but responsive to human realities – Appellant’s act found to be one of love, not lust – Continuation of punishment would irreparably harm familial life and cause injustice to dependent wife and child – Power under Article 142 used to override statutory bar on compounding serious offences in interest of social harmony and restorative justice [Paras 6-10, 11].

Criminal Procedure – Compromise in Heinous Offences – Statutory bar to compounding offences under POCSO Act not a constraint on constitutional power under Article 142 – Court clarified that in exceptional and unique circumstances, it may quash criminal proceedings despite statutory prohibition if continuation undermines the ends of justice – Decision not to be treated as precedent [Paras 9, 15].

Conditions Imposed – Quashing Conditional on Marital Responsibility – Court imposed continuing obligation on appellant to not desert wife and child and to maintain them with dignity – Non-compliance may invite future action – Interim relief converting exemption from surrender into absolute discharge of bail bonds granted [Paras 12-13].

Decision: Appeal allowed – Conviction and sentence under Section 366 IPC and Section 6 of the POCSO Act quashed – Appellant discharged from bail bonds – Directions issued to ensure welfare of victim and child – Order passed in unique circumstances and not to be treated as precedent [Paras 11-15].