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 Government Can't Deny Implied Surrender After Refusing to Accept Possession: Madras HC Clarifies Scope of Section 111(f) of TP Act Custodial Interrogation Must Prevail Over Pre-Arrest Comfort in Hate Speech Cases: Punjab & Haryana High Court Denies Anticipatory Bail for Provocative Remarks Against Migrants Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Cruelty Must Be Grave and Proven – Mere Allegations of Disobedience or Demand for Separate Residence Don’t Justify Divorce: Jharkhand High Court Rejects Husband’s Divorce Appeal Retaliatory Prosecution Cannot Override Liberty: Himachal Pradesh High Court Grants Bail in PMLA Case Post CBI Trap of ED Officer 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 Findings of Fact Cannot Be Re-Appreciated in an Appeal Under Section 10F Companies Act: Madras High Court Equality Is Not A Mechanical Formula, But A Human Commitment: P&H High Court Grants Visually Impaired Mali Retrospective Promotions With Full Benefits Orissa High Court Rules Notice for No Confidence Motion Must Include Both Requisition and Resolution – Provision Held Mandatory Ashramam Built on Private Land, Managed by Family – Not a Public Religious Institution: Andhra Pradesh High Court Quashes Endowments Notification Cruelty Must Be Proved, Not Presumed: Gujarat High Court Acquits Deceased Husband In 498A Case After 22 Years Trade Dress Protection Goes Beyond Labels: Calcutta High Court Affirms Injunction Over Coconut Oil Packaging Mimicry Mere Filing of Income Tax Returns Does Not Exonerate the Accused: Madras High Court Refuses Discharge to Wife of Public Servant in ₹2 Crore DA Case

Supreme Court Upholds Trial in Cheating and Fraud Case, Rejects Petitioner's Plea for Quashing Proceedings: ensuring a balance between the accused's freedom and the right of prosecution

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Supreme Court of India has upheld the trial in a case involving allegations of cheating and fraud. The judgment, delivered by Justice Dipankar Datta, rejected the petitioner's plea for quashing the criminal proceedings. The court emphasized the need to exercise caution while invoking the jurisdiction under Section 482 of the Code of Criminal Procedure (CrPC) to quash charges, ensuring a balance between the accused's freedom and the right of prosecution.

The case revolves around a complaint filed by the second respondent, leading to the registration of an FIR under various sections of the Indian Penal Code (IPC). The FIR accused the petitioner and others of conspiring to cheat and defraud the second respondent, involving a substantial sum of money. While the charge-sheet did not clearly establish the petitioner's role in one specific offense, it identified her as a conspirator.

During the proceedings, the petitioner submitted additional documents, including an agreement and statements, to support her defense. However, the court deemed these documents irrelevant at the stage of quashing the proceedings and noted that they should be considered during the trial.

The court examined the principles governing the exercise of power under Section 482 of the CrPC. It highlighted that quashing charges should be done sparingly and only when the allegations are patently absurd or inherently improbable. The court also emphasized that the trial court should not conduct a detailed examination of evidence while framing charges or deciding on quashing petitions.

The judgment further discussed the limited scope of the court to ascertain the outcome of the trial and the duty to prevent abuse of the legal process. It cautioned against using the court's power to determine guilt or innocence at the initial stage, emphasizing the need for the trial to proceed in order to establish the extent of the petitioner's involvement.

Additionally, the court expressed concern over an affidavit filed by a police officer, highlighting its incorrect interpretation of legal provisions. While refraining from taking further action, the court warned the officer to exercise caution in the future and promote awareness among police officers regarding legal provisions and their impact on pending criminal proceedings.

In conclusion, the Supreme Court dismissed the petitioner's appeal, upholding the High Court's decision to reject the plea for quashing the proceedings. The trial court was directed to proceed with the trial, free from any influence from the observations made in the judgment.

This ruling serves as a reminder of the cautious approach required while deciding on quashing petitions and the importance of ensuring a fair and impartial trial to determine the truth in criminal cases.

Quotes from the Judgment:

- "This is not an appropriate stage to delve deep into the records. It is no part of the business of any of the courts to ascertain what the outcome of the trial could be, conviction or acquittal of the accused." (Para 17)

- "It is not one of those rare cases where the uncontroverted allegations appearing from the materials on record notwithstanding, it can successfully be contended that even no prima facie opinion can be formed pointing to the commission of any offence by the petitioner." (Para 18)

- "The court is not expected to marshal the records with a view to decide admissibility and reliability of the documents or records but is an opinion formed prima facie." (Para 27.10)

 Date of Decision: July 4, 2023

SUPRIYA JAIN vs  STATE OF HARYANA AND ANR.       

Latest Legal News