2014 (2) TMI 1353 - SC - Indian Laws

Whether on the allegations made in the complaint petition filed by the respondent a prima facie case of commission of offences under Sections 498A and 406 of the Penal Code is made out against the appellants? HELD THAT - The facts as alleged will have to be proved which only be done in the course of a regular trial. It is wholly unnecessary for us to embark upon a discourse as regards the scope and ambit of the Court s power to quash a criminal proceeding. Appreciation even in a summary manner of the averments made in a complaint petition or FIR would not be permissible at the stage of quashing and the facts stated will have to be accepted as they appear on the very face of it. This is the core test that has to be applied before summoning the accused. Once the aforesaid stage is overcome the facts alleged have to be proved by the complainant/prosecution on the basis of legal evidence in order to establish the penal liability of the person charged with the offence. The complaint petition registered as Complaint No. 287/1A (Monica Vs. Vikas Sharma and Others) presently pending in the Court of Metropolitan Magistrate Patiala House New Delhi cannot be interdicted but has to be finally concluded by the learned Trial Court - Appeal dismissed, .

Summary

Issues:
1. Review of a judgment regarding the making out of a case under Section 498A of the Indian Penal Code.
2. Review of a judgment regarding the making out of a case under Section 406 of the Indian Penal Code.
3. Writ petition under Article 32 of the Constitution seeking maintenance arrears.

Analysis:
1. The Supreme Court reviewed a judgment related to the making out of a case under Section 498A of the Indian Penal Code. The respondent had filed a complaint against the appellants and another individual under Sections 498A, 406 read with Section 34 of the Penal Code. The High Court dismissed the application for quashing the complaint, and the Supreme Court held that while no offense under Section 498A was made out against the appellants, the offense under Section 406 was prima facie established against one of the appellants. Review petitions were filed and eventually allowed, leading to the re-hearing of the appeals. The Court emphasized that the question was whether a prima facie case of offenses under Sections 498A and 406 was made out against the appellants based on the complaint allegations. The Court found that the complaint contained allegations of mental cruelty, necessitating a regular trial for proof of the facts alleged.
2. The Court also reviewed a judgment concerning the making out of a case under Section 406 of the Indian Penal Code. The complaint alleged that the appellants had unlawfully retained property belonging to the respondent, including cash and gifts received at the time of marriage. The Court found that the complaint contained necessary allegations to prima facie sustain the case of the offense under Section 406 by the appellants. Consequently, the Court concluded that the complaint could not be interdicted and directed the trial court to conclude the trial expeditiously.
3. In a writ petition under Article 32 of the Constitution seeking maintenance arrears, the Court noted that maintenance had been granted to the petitioner, and an application for arrears and current maintenance was pending. The Court declined to invoke jurisdiction under Article 32, as provisions under the Code were available for enforcement of the maintenance order. The Court directed the Family Court to pass appropriate final orders expeditiously and transfer the case to a competent criminal court if necessary for early conclusion, disposing of the writ petition accordingly.