ACHIN GUPTA [APPELLANT] Vs. STATE OF HARYANA & ANR. [RESPONDENT(S)]
CRIMINAL APPEAL NO. 2379 OF 2024
(2JB, J.B. Pardiwala and Manoj Misra JJ.)
Facts: The present appeal arises from the judgment and order passed by the High Court of Punjab & Haryana dated 05.04.2022 in the Criminal Main No. 14198-2022 (CRM-M-14198-2022) filed by the Appellant herein (sole accused in the chargesheet) by which the High Court rejected the petition & thereby declined to quash the chargesheet dated 13.10.2021 for the offences punishable under Section 323, 406, 498A and 506 of the Indian Penal Code, 1860 (for short, the “IPC”) arising from the First Information Report No. 95 of 2021 lodged by the Respondent No. 2 (wife of the Appellant) at the Urban Estate Hisar Police Station, District Hisar.
Issue: Whether the criminal proceedings should be quashed?
Arguments on behalf of counsel for appellant:
Mr. Yusuf, the learned counsel appearing for the Appellant herein made the following submissions: –
- The Appellant and his family had filed a divorce petition and also a domestic violence case against the First Informant in 2019 and 2020 respectively. As a counter blast to the same, the FIR No. 95 of 2021 dated 09.04.2021 came to be lodged after a period of more than 11 months from the date the First Informant left her matrimonial home and that too, only after the service of summons to her in the domestic violence case. No plausible explanation has been offered for such delay.
- The FIR was filed with an oblique motive & by way of vengeance towards the Appellant. The First Informant and Appellant were married for over 12 years.
- The allegations in the FIR are too vague and general in nature. There is no specific allegation/incident of harassment levelled against the Appellant in the FIR.
Arguments on behalf of counsel for respondent:
Mr. Chritarth Palli, the learned counsel appearing on behalf of the State (Respondent No. 1 herein) made the following submissions:
- The Police upon registration of the FIR, conducted a fair investigation. On completion of the investigation, the proceedings against 4 out of the 5 accused came to be dropped. However, having regard to the nature of the allegations levelled, the investigating officer thought fit to file chargesheet against the Appellant.
Held: The court allowed the present appeal and held that, “if the criminal proceedings are allowed to continue against the Appellant, the same will be nothing short of abuse of process of law & travesty of justice. This is a fit case wherein, the High Court should have exercised its inherent power under Section 482 of the Cr.P.C. for the purpose of quashing the criminal proceedings.”
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श्रीमान जी ऐसे अच्छे आदेश माननीय सुप्रीम कोर्ट के नाजिर के तौर पर पेश किए जाते हैं जिससे समाज को आइना दिखाया जाता है भारत देश में अधिकांश लोग हिंदी भाषी लोग हैं ऐसे निर्णय की हिंदी में प्रति प्रसाद करना आम जनता के लिए बहुत अधिक उपयोगी होगी कृपया ऐसे नजीर वाले आदेश जो सामान्य व्यक्ति के लिए बेहतर होते हैं उन्हें हिंदी में अवश्य प्रेषित करना चाहिए आपकी अति कृपा होगी