SUPREME COURT OF INDIA
ACHIN GUPTA – Appellant
Versus
THE STATE OF HARYANA – Respondent
Key Points: - The judgment holds that vague and general allegations in matrimonial disputes should not lead to criminal prosecution, viewing such FIRs as abuse of process. (!) (!) (!) - It emphasizes that inherent powers under Section 482 Cr.P.C. are to be exercised sparingly and to scrutinize allegations for bona fides, particularly in matrimonial disputes. (!) (!) - It sets out the seven illustrative categories from Bhajan Lal for when inherent power may be exercised to quash proceedings, including cases where the allegations do not constitute an offence or where there is mala fide or oblique motive. (!) (!) (!) (!) (!) (!) (!) - It discusses the need to read between the lines and consider attending circumstances to determine abuse of process or ends of justice, especially in cases arising from matrimonial disputes. (!) (!) (!) (!) - It notes that quashing of FIR is an exception and should be considered when continuation would amount to abuse of process or injustice, and when no cognizable offence is disclosed on bare reading of allegations. (!) (!) (!) - It recognizes the potentially oblique motive in filing a FIR as counterblast to divorce and domestic violence actions, justifying careful scrutiny of factual materials beyond FIR content. (!) (!) (!) (!)
J. B. PARDIWALA, J.:
1. Leave granted.
2. This 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 Date: 2024.05.03 14:17:23 IST Reason:
Respondent No. 2 (wife of the Appellant) at the Urban Estate Hisar Police Station, District Hisar.
3. The FIR dated 09.04.2021 reads thus: - “1.
That the First Informant Tanu Gupta wife of Achin Gupta and daughter of Harish Manocha, is a resident of House No.1368, Urban Estate - 2, Hisar, Tehsil and District Hisar and is a peace loving and law abiding woman and my marriage was solemnized according to Hindu rites and rituals with Accused No.1 on 09.10.2008 at New Delhi. My family had spent about thirty lakhs rupees in my engagement ceremony and marriage as per the direction of the a
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