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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Deepak – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
By way of present petition filed under Section 528 of the BNSS, 2023, prayer has been made by the petitioner-accused for quashing of FIR No.91/2024, dated 18.05.2024, under Section 10 of Prohibition of Child Marriage Act, 2006, (for short, ‘the Act’) registered at Police Station Balh, District Mandi, Himachal Pradesh as well as consequent proceedings i.e. case No.308/2024, titled as State of H.P. Vs. Gaytri Devi and Others, pending in the Court of learned Chief Judicial Magistrate, Mandi, District Mandi, Himachal Pradesh.
2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Gurmeet Bhardwaj, Advocate, duly assisted by Ms. Anuja Mehta, Advocate, learned counsel representing the petitioner, is that no case much less under Section 10 of the Act is made out against the petitioner for the reason that there is no evidence that petitioner herein conducted, directed or abeted child marriage inter se persons namely Pushp Raj and Riya, aged 19 and 20 respectively, rather he being Public Notary only attested the affidavit, that too in the presence of independent witnesses, who claimed above named persons
No court can take cognizance of offences by a Notary in exercise or purported exercise of functions without written complaint by authorized Central/State Government officer per Section 13 Notaries Ac....
No cognizance of offences by notary in exercise of functions under Notaries Act without written complaint by authorized officer of Central/State Government. FIR quashed for non-compliance with Sectio....
The power to quash criminal proceedings should be exercised sparingly and with circumspection, and the Court cannot conduct a mini-trial while exercising jurisdiction under Section 482 of Cr.P.C. Add....
No cognizance can be taken against the present applicant in terms of Section 13 of the Notaries Act, 1952. It is apparent from the provisions of Section 13 of the Notaries Act that if the offence is ....
The main legal point established is that the cognizance of an offense committed by a notary under the Notaries Act can only be taken upon a written complaint by an authorized officer, as per Section ....
The Notary's attestation of invalid documents amounts to gross misconduct under the Notaries Act, but improper procedures rendered cancellation of his practice illegal.
The Notary's failure to verify the identity of the deponent during notarization constitutes professional misconduct, negating protections under the Notaries Act.
The judgment emphasizes the binding nature of decisions of the High Court and the duty of subordinate courts to follow settled legal principles.
The central legal point established in the judgment is that for initiating proceedings against a notary, a written complaint by an authorized officer as required by Section 13 of the Notaries Act, 19....
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