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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Deepak – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition seeks quashing of fir against notary for child marriage abetment. (Para 1 , 2) |
| 2. state argues notary knew boy's age, trial court to decide. (Para 3) |
| 3. fir alleges elopement and underage marriage abetted by notary. (Para 4 , 5) |
| 4. prosecution claims notary attested knowing minor's age. (Para 6 , 7) |
| 5. high court can quash firs with legal bars like section 13. (Para 8 , 9 , 10 , 11) |
| 6. section 13 notaries act bars cognizance without authorized complaint. (Para 12 , 13 , 14 , 15 , 16 , 17) |
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 Bhardw
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.
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