Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal

Supreme Court Quashes Proceedings in Trivial Altercation Case, Cites "Persecution and Harassment" Concerns

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Supreme Court of India delivered a judgment quashing the criminal proceedings in a case stemming from a minor altercation between two individuals. The case, Criminal Appeal No. 2255 of 2023, arose from a Special Leave Petition (Crl) No. 4405 of 2018.

The bench, presided over by Justice Bela M. Trivedi, rendered the verdict on 3rd August 2023, in the Criminal Appellate Jurisdiction. The case involved the appellant, Sunil Kumar, who was an Assistant Engineer at the Uttar Pradesh Power Corporation Ltd., and the respondent no. 2, who held the position of a Peon in the same office.

The chargesheet was filed against Sunil Kumar under Sections 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of peace), and 506 (criminal intimidation) of the Indian Penal Code (IPC) following cross-complaints between the parties regarding an incident on 11th September 2014.

Justice Bela M. Trivedi, while delivering the judgment, remarked, "Considering the nature of allegations against the appellant which are of very trivial nature and considering the fact that there is no progress made in the proceedings since the chargesheet was filed against the appellant in the year 2015, the Court is of the opinion that continuing the proceedings would be a persecution and harassment to the appellant."

The Court emphasized that such a petty incident that took place in their workplace should have been resolved amicably between the parties on the same day instead of being stretched out over several years through legal proceedings.

Supreme Court quashed and set aside the proceedings in the case no. 3354 of 2014 pending before the Chief Judicial Magistrate in Fatehpur (U.P.). The decision was hailed by legal experts as a significant step towards preventing undue harassment and congestion in the judiciary caused by trivial disputes.

This ruling serves as a precedent for similar cases where the Court's discretion may be exercised to avoid unnecessary prosecution and uphold justice in a fair and efficient manner.

Date of Decision: 03.08.2023

SUNIL KUMAR  vs STATE OF U.P. & ANR.        

Latest Legal News