State of Punjab - The Legal Chamber

International Child Custody Battle Leads to Supreme Court Quashing Dowry Harassment FIR

9Nov

By The Legal ChamberNo Comments

Supreme Court

International Child Custody Battle Leads to Supreme Court Quashing Dowry Harassment FIR

The Supreme Court quashed an FIR under Section 498-A IPC, invoking its powers under Article 136 and endorsing the High Court's inherent power under Section 482 Cr.P.C. It ruled that a criminal complaint, if found to be a malicious and retaliatory measure to settle scores, constitutes an abuse of the legal process. The Court applied the principles from the landmark precedent of State of Haryana v. Bhajan Lal to halt proceedings that were initiated with an ulterior motive for wreaking vengeance. Facts Of The Case: The appellant, Nitin Ahluwalia, an Australian citizen, and the respondent, Tina Khanna, an Austrian citizen, were married in India in November 2010 and began their matrimonial life in Australia. In June 2013, the respondent unilaterally left the matrimonial home and took their ...

No Relief for Constable: Supreme Court Reinstates Dismissal Over Unauthorized Absences

The Supreme Court ruled that while it is desirable to inform an employee if past misconduct will be considered for punishment, it is not mandatory when the current charge itself constitutes a "gravest act of misconduct." In such cases, referring to past conduct merely to add weight to the decision does not vitiate the dismissal order, especially within a disciplined force where habitual absenteeism is a serious violation. Facts Of The Case: The respondent, Ex. Constable Satpal Singh, was appointed in the Punjab Armed Forces in 1989 and later transferred to the Commando Battalion. The immediate trigger for the case was his unauthorized absence from April 4, 1994, to May 12, 1994 (37 days), after he overstayed a one-day casual leave. A departmental enquiry was initiated for this absence, w...

From Life Imprisonment to Freedom: Supreme Court Cites “Misreading of Evidence” in Acquittal

The Supreme Court, exercising its appellate jurisdiction under Article 136, set aside the concurrent convictions of the appellants, finding that the Trial Court and High Court had misread and ignored striking features of the prosecution's evidence. The Court highlighted issues with witness credibility, unexplained delays in statements, and unreliable corroborating evidence, concluding that guilt was not proven beyond reasonable doubt Facts Of The Case: In 2011, the wife of PW-1 won the Panchayat Board elections, a position held by Accused No. 1's family for approximately four decades. This led to numerous skirmishes between the two sides in the months following the elections. On the night of November 14, 2012, PW-1's brother (Deceased No. 1), his son (Deceased No. 2), and daughter (PW-9)...