Victim Has Locus To Request Court To Summon Witnesses Under Section 311 CrPC In State Prosecution: Allahabad High Court Order 2 Rule 2 CPC Cannot Be Ground to Reject a Plaint: Supreme Court Draws Crucial Distinction Between Bar to Sue and Bar by Law No Right to Lawyer Before Advisory Board in Preventive Detention — Unless Government Appears Through Legal Practitioner: Supreme Court Wife's Dowry Statement Cannot Be Used to Prosecute Her for 'Giving' Dowry: Supreme Court Upholds Section 7(3) Shield Husband's Loan Repayments Cannot Reduce Wife's Maintenance: Supreme Court Raises Amount to ₹25,000 From ₹15,000 Prisoners Don't Surrender Their Rights at the Prison Gate: Supreme Court Issues Binding SOP to End Delays in Legal Aid Appeals A Judgment Must Be a Self-Contained Document Even When Defendant Never Appears: Supreme Court on Ex Parte Decrees Court Cannot Dismiss Ex Parte Suit on Unpleaded, Unframed Issue: Supreme Court Sets Aside Specific Performance Decree Denied on Title Erroneous High Court Observations Cannot Be Used to Stake Property Claims: Supreme Court Steps In to Prevent Misuse of Judicial Observations No Criminal Proceedings Would Have Been Initiated Had Financial Settlement Succeeded: Supreme Court Grants Anticipatory Bail In Rape Case Directors Cannot Escape Pollution Law Prosecution by Claiming Ignorance: Allahabad High Court Refuses to Quash Summons Against Company Directors Order 7 Rule 11 CPC | Court Cannot Peek Into Defence While Rejecting Plaint: Delhi High Court Death 3½ Months After Accident Doesn't Break Causal Link If Doctors Testify Injuries Could Cause Death: Andhra Pradesh High Court LLB Intern Posed as Supreme Court Advocate, Used Fake Bar Council Card and Police Station Seals to Defraud Victims of Rs. 80 Lakhs: Gujarat High Court Rejects Anticipatory Bail Husband Who Travels to Wife's City on Leave, Cohabits With Her, Then Claims She 'Never Lived With Him' Cannot Prove Cruelty: Jharkhand High Court Liquor Licence Is a State Privilege, Not a Citizen's Right — No Vested Right of Renewal Survives a Change in Rules: Karnataka High Court Sets Aside Stay on E-Auction Policy Court Holiday Cannot Save Prosecution From Default Bail: MP High Court No Search At Your Premises, No Incriminating Document, No Case: Rajasthan HC Quashes Rs. 18 Crore Tax Assessment Under Section 153C Limitation Act | Litigant Cannot Be Punished For Court's Own Docket Load: J&K High Court

Delhi High Court Quashes FIR in Alleged Acid Attack Case: Inherent Improbability of Allegations

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Delhi High Court has quashed FIR No.264/2017, pertaining to an alleged acid attack incident dating back to 2017. Hon’ble Mr. Justice Amit Bansal delivered the judgment on November 8, 2023, highlighting the “inherent improbability” of the allegations against the petitioner.

The case involved accusations against the petitioner of throwing acid on the respondent no.2, leading to registration of the FIR under Sections 326-B/506 of the Indian Penal Code at Police Station Shalimar Bagh. However, upon close scrutiny of the medical and police records, which failed to show any external injuries on the respondent or signs of acid, the court found substantial inconsistencies in the prosecution’s case.

Justice Bansal observed, “The judicial conscience of this Court is satisfied that the criminal proceedings initiated against the petitioner are a misuse of the process of the Court and an unnecessary burden on the State exchequer and ought to be quashed.” This statement was pivotal in the decision to terminate the proceedings, underscoring the court’s stance on preventing the misuse of legal processes.

The court also addressed the underlying property dispute between the parties, acknowledging it as the root cause behind the mala fide initiation of the proceedings. The judgment emphasized the responsible use of the judicial system and the importance of ensuring that criminal charges are not leveraged as tools in personal vendettas.

Advocates representing both sides presented their arguments, but the court, guided by precedents set by the Supreme Court, ultimately decided in favor of the petitioner, setting aside the charges against her.

This ruling serves as a reminder of the High Court’s authority under Section 482 of the CrPC to intervene in cases where legal processes are being abused, thereby upholding the principles of justice. The legal fraternity views this judgment as a reinforcement of the judicial system’s role in safeguarding individuals against unfounded criminal accusations.

Date of Decision: 08 November 2023

RASHMEE KANSAL VS THE STATE AND ANR.

Latest Legal News