Case BriefsHigh Courts

Punjab and Haryana High Court: Hari Pal Verma, J. quashed the criminal proceeding as there was a compromise signed between the parties.

A petition was filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing the FIR registered under Sections 406, 498-A of the Penal Code, 1860.

The records of the case are such that the parties appeared before the Judicial Magistrate 1st Class in which it was submitted that compromise was effected between the parties voluntarily without any coercion or undue influence. The complainant/respondent made a joint statement in which she had made the statement regarding the compromise between the two.

Gaganpreet Kaur, counsel for State had not disputed the fact of the compromise between the parties.

The Court thus opined that no useful purpose would be served to continue with the proceedings before the trial court. The Court reiterated the case of Gold Quest International (P) Ltd. v. State of T.N., 2014 (4) RCR (Criminal) 206, in which the Supreme Court held that “disputes which are substantially matrimonial in nature, or the civil property disputes with criminal facets, if the parties have entered into settlement, and it has become clear that there are no chances of conviction, there is no illegality in quashing the proceedings under Section 482 CrPC read with Article 226 of the Constitution.” Thus, all the proceeding was quashed qua the petitioner on the basis of the compromise entered between the parties.[Pankaj v. State of Haryana, 2019 SCC OnLine P&H 1112, decided on 04-07-2019]

Case BriefsHigh Courts

Jharkhand High Court: Sanjay Kumar Dwivedi, J. heard a writ petition that sought to quash the order passed by the respondent whereby the petitioner had been inflicted with the punishment of stoppage of annual increment for six months in Departmental Proceeding.

The petitioner was a constable and was accused of coercion and it was alleged that he forcibly took a thumb impression on a blank paper. He was also accused of several offences under different sections of Penal Code, 1860. Pursuant to that charge, Enquiry Officer was appointed and departmental proceeding was initiated against the petitioner. The charges against the petitioner were proved and an enquiry report was not supplied to him in the first instance but along with the second show cause notice.

Learned counsel for petitioner, D.K. Dubey, contended that the lady who made the accusation told the Conducting Officer that she had not given any application in the hands of the petitioner nor did she know him. Furthermore, he argued that she had not made any complaint against the petitioner. Counsel, thus, pleaded that if there were no accusations against the petitioner, then the order was fit to be quashed.

Learned counsel for respondent, Rajesh Kumar Singh, submitted that impression was taken on a blank paper by the accused and she had stated that in the complaint petition, no explanation was given to her for the same. Also, it came later to her knowledge that no complaint was lodged against the petitioner. The counsel, further, submitted that the statement given by the lady that no complaint was filed against the accused was made under coercion.

The Court observed that the enquiry officer took into account the two complaints which were brought on record in the writ petition and the enquiry officer came to a conclusion that usage of coercion to obtain the statement in favor of the petitioner could not be ruled out and therefore, the petitioner was held guilty. The Court remarked that there was no illegality in the inquiry report and punishment order was in accordance with the law. Moreover, the Court remarked that when an employee was dismissed or removed from service and the inquiry was set aside because the report is not furnished to him, the non-furnishing of the report would cause prejudice to him or might not affect the nature of punishment at all. However, in the instant case, the petitioner was not able to highlight what prejudice had been caused to him due to non-supply of the enquiry report. Hence, the writ petition was dismissed.[Amiruddin v. State of Jharkhand, Writ Petition (S) No. 3142 of 2014, decided on 20-06-2019]

Case BriefsHigh Courts

Punjab & Haryana High Court: Appellant had prayed before the Bench of Surinder Gupta, J., that the Will made by mother of both the parties was illegal, null and void being obtained by the respondent under undue influence, coercion, misrepresentation and that she was incompetent to make Will of conjoint property.

The Trial Court had upheld the Will executed by the mother and suit of the appellant was dismissed. It was submitted that both the parties had equally contributed to purchase the land though it was purchased on their mother’s name who could not have purchased the land being a household lady. Thus, Will executed by her was illegal being obtained under undue influence, coercion, misrepresentation. Trial Court found the Will to be validly executed and thus under Section 14 of Hindu Succession Act, 1956 the mother was the absolute owner of the suit property and was competent to execute the Will. Statement of account was brought before Court as proof that the appellant had contributed to the sale of the property.

High Court was of the view that even if the financial contribution was done for sale the transaction cannot be said to be Benami transaction. Therefore, the appeal was dismissed and Courts below have not committed any error in stating that Will was valid, registered and rightly executed. [Dharam Singh v. Anil Kumar, 2019 SCC OnLine P&H 428, decided on 23-04-2019]