Sale Deeds Must Be Interpreted Literally When the Language is Clear and Unambiguous: Supreme Court    |     Non-Signatory Can Be Bound by Arbitration Clause Based on Conduct and Involvement: Supreme Court    |     Right to Passport is a Fundamental Right, Denial Without Justification Violates Article 21: Allahabad High Court    |     Insurance Company's Liability Remains Despite Policy Cancellation Due to Dishonored Cheque: Calcutta High Court    |     Deductions Under Sections 36(1)(vii) and 36(1)(viia) of the Income Tax Act Are Independent and Cannot Be Curtailed: Bombay High Court    |     Diary Entries Cannot Alone Implicate the Accused Without Corroborative Evidence: Supreme Court Upholds Discharge of Accused in Corruption Case    |     MACT | Fraud Vitiates All Judicial Acts, Even Without Specific Review Powers: Rajasthan High Court    |     Right of Private Defense Cannot Be Weighed in Golden Scales: Madhya Pradesh High Court Acquits Appellant in Culpable Homicide Case    |     If Two Reasonable Conclusions Are Possible, Acquittal Should Not Be Disturbed: Supreme Court    |     Kalelkar Award Explicitly Provides Holiday Benefits for Temporary Employees, Not Subject to Government Circulars: Supreme Court Upholds Holiday and Overtime Pay    |     NDPS | Homogeneous Mixing of Bulk Drugs Essential for Valid Sampling Under NDPS Act: Punjab & Haryana High Court    |     Pre-Arrest Bail Not a Right but an Exception: Himachal High Court Denied Bail In Dowry Death Case"    |     POCSO | Scholar Register Is Sufficient to Determine Victim’s Age in POCSO Cases: Madhya Pradesh High Court    |     Abuse of Official Position in Appointments: Prima Facie Case for Criminal Misconduct: Delhi High Court Upholds Framing of Charges Against Swati Maliwal in DCW Corruption Case    |     Service Law | Similarly Situated Employees Cannot Be Denied Equal Treatment: PH High Court Orders Regularization    |     Presumption of Innocence Remains Supreme Unless Clearly Overturned: PH High Court Affirming Acquittal    |     Any Physical Liaison with A Girl Of Less Than Eighteen Years Is A Strict Offense.: Patna High Court Reiterates Strict Stance On Sexual Offences Against Minors    |     Orissa High Court Rules Res Judicata Inapplicable When Multiple Appeals Arise from Same Judgment    |     Mandatory Section 80 Notice Cannot Be Bypassed Lightly:  Jammu & Kashmir High Court Returns Plaint for Non-Compliance    |     Bombay High Court Denies Permanent Lecturer Appointment for Failing to Meet UGC Eligibility Criteria at Time of Appointment    |     Deferred Cross-Examination Gave Time for Witness Tampering, Undermining Fair Trial: Allahabad High Court    |    

FIR Quashed: High Court Protect Individuals From Vexatious Litigation: Supreme Court

07 May 2024 8:19 AM

By: Admin


In a landmark judgment, the Supreme Court of India, comprising Justices Vikram Nath and Ahsanuddin Amanullah, has set aside the High Court’s decision, thereby discharging a husband and wife duo, Vishnu Kumar Shukla and Vineeta Shukla, from all charges in a high-profile case involving allegations of house trespass, theft, and looting.

The apex court, in its detailed analysis, underscored the importance of preventing unwarranted criminal prosecution and unnecessary trials. This decision came in the wake of the appellants’ challenge against the High Court's judgment, which upheld the rejection of their discharge application.

Allegations and Accusations: The appellants were accused of locking a tenant's shop and looting various items, including wheat, sale money, and a two-wheeler, leading to an FIR under Sections 448, 454, and 380 of the Indian Penal Code, 1860.

Appellants' Defense: The appellants contested the legitimacy of the FIR, asserting their property ownership rights. They highlighted significant discrepancies in the complainant’s (R2) tenancy claim, particularly the anachronistic use of the ₹ symbol in a tenancy agreement, claimed to be from 2005 but introduced only in 2010.

Supreme Court's Analysis: The Court comprehensively examined the evidence and allegations, recognizing the introduction of the ₹ symbol in 2010 as a critical factor undermining R2’s claim to the property. The Court emphasized that the lack of strong suspicion against the appellants merited their discharge.

Decision: The Supreme Court allowed the appeal, discharging the appellants due to the absence of a strong suspicion against them. The Court highlighted the essential role of High Courts in protecting individuals from vexatious litigation.

“We are of the firm view that [Appellant 2], being the undisputed landlord, the criminal case filed by [Respondent 2], in the facts and circumstances, amounts to clear abuse of the process of the Court,” Justice Ahsanuddin Amanullah noted in the judgment.

The decision marks a significant moment in the judiciary's approach towards criminal charges, emphasizing the necessity of scrutinizing the legitimacy of allegations before subjecting individuals to the rigors of a criminal trial. The Supreme Court's judgment has been hailed as a beacon of judicial prudence, safeguarding personal liberties against wrongful prosecution.

Date of Decision: 28th November 2023

VISHNU KUMAR SHUKLA & ANR. VS THE STATE OF UTTAR PRADESH & ANR.

Similar News