A. Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 239 -- Discharge of accused – Discharge under the CrPC is salutary – Magistrate is under an obligation to discharge the accused where, from the chargesheet and the appended documents, it is noticed that the trial of such charges is worthless -- Section 239 of the CrPC, which deals with the trial of warrant cases by a magistrate, confines the examination to the final report and documents sent with it u/s 173 of the CrPC -- Allegations in the FIR, transformed through investigation and the collection of evidence, are shaped into a final report -- This receives the attention of the magistrate to decide whether the charge so presented against the accused is groundless -- Magistrate neither acts as a post office nor conducts a mini-trial of the report and the documents before it while exercising the power u/s 239 of the CrPC.

(Para 26, 26.1, Para 26.2)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 239, 397, 401 – Discharge of accused – Revisional powers -- Since the order of discharge is amenable to the jurisdiction of the revisional court, the order of discharge must speak for itself, and only a warranted conclusion is arrived at by the magistrate -- Deviation from the discretionary limits attracts the supervisory jurisdiction of the revisional courts.

(Para 26)

Indian Penal Code, 1860 (45 of 1860), Section 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 227, 228 -- Abatement of suicide – Discharge of accused -- No normal person could have imagined that a scolding, that too based on a complaint by a student, would result in such tragedy due to the student so scolded taking his own life -- No mens rea can be attributed to the appellant much less, with regard to abatement of suicide committed by the deceased -- Appeal allowed, order framing charge against the appellant under Section 306 of the IPC set aside.

(Para 8, 9)

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 22 – Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 3, 50 -- NDPS – PMLA – Discharge in NDPS case – Continuity in Money laundering offence – Permissibility of -- Money laundering itself is a separate crime, distinct from the original (or scheduled) offence like corruption, drug trafficking, fraud, etc. -- Even if the scheduled offence is tried under Indian Penal Code, Narcotic Drugs and Psychotropic Substances Act, 1985 Act, etc., money laundering is prosecuted separately under PMLA -- Offence u/s 3 is dependent on the scheduled offence, but it is a separate and independent offence once the activity of laundering begins -- Mere discharge or quashing  of a FIR by a competent court does not automatically result in the quashing of an Enforcement Case Information Report (ECIR) filed under the Prevention of Money Laundering Act, 2002 -- Discharge in the predicate offence may influence the procedures under the PMLA; however, it cannot be regarded as an automatic or definitive basis for nullifying the ECIR.

(Para 30, 40, 41)

B. Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 3, 50 -- PMLA – Not an accused in scheduled offence – Effect of -- A person can be prosecuted for money laundering even if they are not directly involved in the commission of the scheduled offence, so long as they are involved in the laundering process -- A person accused of an offence u/s 3 PMLA need not necessarily be shown as an accused in the scheduled offence.

(Para 31, 32)

C. Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 3, 50 -- Discharge in the predicate offence -- Summon u/s 50 of PMLA – Nature of -- Enforcement Directorate's authority to summon individuals u/s 50 is intended for the acquisition of factual evidence pertaining to money laundering offences; obtaining a summons under this section does not inherently indicate that one is an accused in a money laundering investigation -- This indicates that the individual may have information or documents pertinent to the investigation -- Issuance of summons is a fundamental component in the execution of a fair and unbiased investigation -- It affords the relevant parties an opportunity to be heard, to articulate their case, and to address the allegations levied against them -- Issuance of summons under the PMLA should be regarded as an essential element of due process, intended to advance the rule of law and bolster public trust in the legal system -- Discharge in the predicate offence, albeit substantial, does not, as a legal principle, impact the ongoing validity of the summons -- Mere discharge of the petitioner concerning the predicate offence does not, in itself, grant the Court the power to annul the summons.

(Para 34-39)

Indian Penal Code, 1860 (45 of 1860), Section 376(2)(f), 417, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 227 – Rape – Promise to marry -- Discharge of accused -- Appellant and the Complainant came in contact in 2014, during the pendency of matrimonial disputes arising out of the Complainant’s marriage -- It is from day one, she had knowledge and was conscious of the fact, that the Appellant was in a subsisting marriage, though separated – Complainant was receiving financial help from the Appellant for herself and her son --  Complainant cannot plead ‘misconception of fact’ or ‘rape on the false pretext to marry’ -- No evidence to conclude that there was any fraudulent or dishonest inducement – No criminal intimidation -- There is a growing tendency of resorting to initiation of criminal proceedings when relationships turn sour -- Every consensual relationship, where a possibility of marriage may exist, cannot be given a colour of a false pretext to marry, in the event of a fall out -- It is such lis that amounts to an abuse of process of law -- Court deemed fit to terminate the proceedings at the stage of charge itself – Appeal allowed.

(Para 14-22)

Indian Penal Code, 1860 (45 of 1860), Section 375,  376, 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 227 – Rape – Discharge of accused – Rape – Promise to marry -- Mere fact that physical relations were established pursuant to a promise to marry will not amount to a rape in every case -- An offence u/s 375 IPC could only be made out, if promise of marriage was made by the accused solely with a view to obtain consent for sexual relations without having any intent of fulfilling said promise from the very beginning, and that such false promise of marriage had a direct bearing on the prosecutrix giving her consent for sexual relations – Ingredients of offences u/s 375/ 506 IPC not established -- Trial Court discharged the accused – High Court in revision set aside the order of discharge has undertaken an exhaustive analysis of the allegations in the FIR, and the Charge-sheet, while failing to consider that at the stage of framing of charges, the court must only adjudicate on the basis of material on record – Order of High Court set aside – Criminal proceedings terminated.

(Para 14-18)

A. Indian Penal Code, 1860 (45 of 1860), Section 304A, 304, Part II – Code of Criminal Procedure, 1973 (2 of 1974), Section 227 – Discharge -- Accidental death – Causing death by negligence -- Culpable homicide not amounting to murder -- Allegations that accused persons had not taken proper care and caution by providing safety shoes, safety belt etc. -- Two deceased employees were undertaking the work of decoration of the front side of the shop -- As part of the said work, they were working on the sign board which was approximately at a height of 12 feet from the ground level -- While working on the sign board, they were struck by electricity as a result of which they got electrocuted and fell down resulting in multiple injuries leading to their death -- It was purely accidental -- On these basic facts, no prima facie case can be said to be made out against the appellants for committing an offence u/s 304A IPC, not to speak of Section 304 Part II IPC – Discharge application allowed.

(Para 13-18)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 227 – Discharge – Nature of -- At the stage of discharge, court is only required to consider as to whether there are sufficient materials which can justify launch of a criminal trial against the accused -- By its very nature, a discharge is at a higher pedestal than an acquittal -- Acquittal is at the end of the trial process, may be for a technicality or on benefit of doubt or the prosecution could not prove the charge against the accused; but when an accused is discharged, it means that there are no materials to justify launch of a criminal trial against the accused -- Once he is discharged, he is no longer an accused.

(Para 16)

Code of Criminal Procedure, 1973 (2 of 1974), Section 227, 397, 401, 482 -- Discharge by Trial Court – Revision -- Ex-parte stay by High Court – Permissibility of -- Ex-parte order of stay of the order of discharge should not have been passed by the High Court -- Ex-parte order of stay is entirely illegal --  Impugned order set aside.

(Para 22-25)

A. Indian Penal Code, 1860 (45 of 1860), Section 498A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 239 -- Dowry -- Cruelty – Abetment of suicide – Discharge/ Quashing of charge -- Deceased committed suicide after twelve years of marriage -- Around twelve months prior to her death, the appellants had sold the deceased’s streedhan and had tortured her when she demanded them back -- No proximate link between the alleged facts, instances of harassment and her subsequent death by hanging -- Appellants did not have the requisite mens rea and neither did they commit any positive or direct act or omission to instigate or aid in the commission of suicide by the deceased -- Ingredients for the offence u/s 306, IPC are not made out – Appellant discharged from section 306, however charge u/s 498A of IPC upheld.

(Para 13-15, 26-28)

B. Indian Penal Code, 1860 (45 of 1860), Section 498A -- Dowry case -- Cruelty -- ‘cruelty’ simpliciter is not enough to constitute the offence, rather it must be done either with the intention to cause grave injury or to drive her to commit suicide or with intention to coercing her or her relatives to meet unlawful demands.

(Para 11)

C. Indian Penal Code, 1860 (45 of 1860), Section 306 -- Abetment of suicide -- To bring a conviction u/ s 306, IPC it is necessary to establish a clear mens rea to instigate or push the deceased to commit suicide -- It requires certain such act, omission, creation of circumstances, or words which would incite or provoke another person to commit suicide.

(Para 19)

D. Indian Penal Code, 1860 (45 of 1860), Section 306 -- Abetment of suicide -- Essential ingredients to be fulfilled in order to bring a case under Section 306, IPC are: the abetment; the intention of the accused to aid or instigate or abet the deceased to commit suicide.

(Para 20)

E. Indian Penal Code, 1860 (45 of 1860), Section 306 -- Abetment of suicide -- Mere allegations of harassment are insufficient to establish guilt -- For a conviction, there must be evidence of a positive act by the accused, closely linked to the time of the incident, that compelled or drove the victim to commit suicide -- It is essential to establish that the death was a result of suicide and that the accused actively abetted its commission -- Prosecution must prove beyond doubt that the accused played a definitive role in the abetment -- Without clear evidence of an active role in provoking or assisting the suicide, a conviction u/s 306 IPC cannot be sustained.

(Para 21, 22)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(x) – Indian Penal Code, 1860 (45 of 1860), Section 294, 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 239 -- Offence under SC/ST Act -- Public view – Backyard of private house -- Place of occurrence was at the backyard of the appellant’s house -- Backyard of a private house cannot be within the public view -- Persons who accompanied the second respondent/ complainant were also the employees or the labour force she had engaged for the purpose of carrying out repairs to her house which is adjacent to the appellant’s house -- They cannot also be termed as public in general – Appellant discharged from the offence.

(Para 13)

Code of Criminal Procedure, 1973 (2 of 1974), Section 239, 482 -- Constitution of India, Article 226 -- Quashing of FIR – Scope of -- Framing of charge -- Effect of -- High Court dismissed the writ petition as infructuous without considering the case on merits -- Appellants can apply for discharge, however, the scope of application for discharge is completely different from the scope of a petition for quashing the criminal proceedings -- While arguing a case for discharge, the appellants will not be in a position to rely upon any document which is not the part of charge sheet, ground of abuse of process of law will not be available -- However, in a petition for quashing either u/s 482 of the Cr.P.C. or under Article 226 of the Constitution of India, a wider challenge is available including a challenge on the ground of abuse of process of law -- Impugned order set aside, writ petition restored.

(Para 5-9)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 216 -- Charge-sheet can be amended/altered at any stage before pronouncement of judgment -- Either prosecution or accused can file application for amendment of charge and in case Court comes to conclusion that charge required to be amended then Court can suo moto amend charge-sheet at any stage before judgment is pronounced.

(Para 6)

B. Indian Penal Code, 1860 (45 of 1860), Section 406, 420 – Criminal breach of trust – Cheating -- Charge-sheet u/s 420 of IPC cannot be framed simultaneously along with offence u/s 406 of IPC.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Section 500, 501, 182, 183 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 195 -- Discharge in rape case – Defamation -- Discharged by holding that there is no incriminating evidence  -- No finding that the petitioner had been falsely implicated on the basis of false statements and fabrication of evidence – No finding of any Court or any Investigating Officer that false statements had been made – For offence u/s 193 IPC, the provisions of Section 195 Cr.P.C. were to be resorted to which had not been done -- Offence u/s 182 IPC is also not made out -- Even otherwise, the charge were framed -- No evidence of the filing of a false complaint to defame the petitioner – Dismissal of complaint upheld.

(Para 10, 11)

Indian Penal Code, 1860 (45 of 1860), Section 498A, 323, 504, 506, 406 – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 5 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 244, 245 – Discharge of accused -- Omnibus and general allegations against married sisters-in-law residing at distant places married prior to the marriage in question -- Complainant has stated in her evidence that her sisters-in-law are greedy people and used to visit her matrimonial home and gave her beating, and all the accused persons got her pregnancy aborted, but there is no medical evidence in support of this version -- Court below, while dismissing the discharge application has failed to notice the role of the revisionists and the probability of their false implication -- They are not supposed to be beneficiary of any demand of dowry made by co-accused persons – Revision partly allowed, ld. Magistrate directed to consider the prayer for discharge made by present revisionists a fresh in accordance with law after giving opportunity of hearing to both the sides. Kahkashan Kausar @ Sonam’s case AIR 2022 SC 820 relied.

(Para 11-21)

Indian Penal Code, 1860 (45 of 1860), Section 323, 504, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Trivial nature of offence -- Long pendency of trial -- Quashing of Chargesheet -- Considering the nature of allegations which are of very trivial nature and considering the fact that there is no progress made in the proceedings since the chargesheet was filed in the year 2015, continuing the proceedings would be a persecution and harassment to the appellant -- Proceedings pending in the court of CJM against the appellant quashed and set aside.

(Para 3-7)

Indian Penal Code, 1860 (45 of 1860), Section 363, 366A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Kidnapping -- Quashing of Charge-sheet and entire criminal proceedings – Main accused acquitted and married the victim -- Victim did not support the case of prosecution – Both the applicants are in-laws of victim with whom the main accused and victim are residing peacefully with girl child -- Held, if in the above scenario the applicants are directed to face the trial, it would be the travesty of justice and abuse of process of law for the reason that this trial would result into acquittal – Supplementary charge-sheet quashed and accordingly the summoning order as well as the entire proceedings of Criminal Case quashed.

(Para 8-10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 211, 227 -- Charge -- Psychological Evaluation test – Discharge of accused -- Settled proposition of law is that at the stage of hearing on the charges entire evidence produced by the prosecution is to be believed -- In case no offence is made out then only an accused can be discharged -- Truthfulness, sufficiency and acceptability of the material produced can be done only at the stage of trial -- At the stage of charge, the Court has to satisfy that a prima facie case is made out against the accused persons -- Though Psychological Evaluation test report only may not be sufficient to convict an accused but certainly a material piece of evidence -- High Court could not have opined that the case was not made out even for framing of charge – Appeal allowed, order of High Court set aside.

(Para 11, 18-20)

A. Indian Penal Code, 1860 (45 of 1860), Section 452 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 211 – House trespass -- Exclusive possession – Framing of charge -- Nothing placed on record by the petitioner to even prima facie show exclusive possession of the property in dispute -- Once this had not been proved, no offence would be made out u/s 452 IPC -- Trial Court rightly did not frame any charge u/s 452 IPC – Revision dismissed.

(Para 10-12)

B. Indian Penal Code, 1860 (45 of 1860), Section 379, 380 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 211 – Theft – Framing of charge -- Apart from the bald statement that the respondent alongwith his accomplices had taken away the articles, no evidence led -- Prima facie case should be made out and charges cannot be framed on mere assumptions and presumptions or on the mere bald statements of the complainant and the witnesses -- Courts below, therefore, rightly did not frame any charge under Sections 379 and 380 IPC -- Revision dismissed.

(Para 10-12)

C. Indian Penal Code, 1860 (45 of 1860), Section 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 211 – Criminal intimidation – Framing of charge -- Charges framed u/s 506 IPC only as the respondent is alleged to have given threats to the petitioner that he would be eliminated -- No other evidence could have been produced -- Only the statement of the petitioner was sufficient -- Charge u/s 506 IPC upheld.

(Para 10-12)

Code of Criminal Procedure, 1973 (2 of 1974), Section 102 – Freezing of Bank account of Company -- Imposition of the bank guarantee and the freeze orders solely on the grounds of criminal proceedings being alive against one person, who is alleged to be connected to the appellant company -- Said person lateron discharged, he was never an employee/ share holder/ director or a key managerial person in the appellant company – Said person was in no way connected to the appellant company, the trial faced by him, was in his individual capacity, and not vicariously on behalf of the appellant company -- Operation of the freeze order against the appellant company, is not legally tenable.

-- Even if accused discharge is subsequently reversed, and he is convicted, such a conviction would still have no bearing on the properties of the appellant company, since the appellant company is not alleged to be a part of the crime.

-- freeze order against the appellant company’s properties is redundant qua the investigation, since the appellant company itself is not necessary for the conclusion of the investigation.

Appellant permitted to withdraw the amount along with 4% simple interest, which shall be payable from 08.05.2006 till the date of actual payment.

(Para 10-21)

A. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 139 – Indian Evidence Act, 1872 (1 of 1872), Section 118(a) – Complaint for dishonor of cheque – Presumption – Rebuttal -- There is a difference between an ‘ordinary criminal case’ and a ‘complaint under Section 138 of NI Act’ -- In ordinary criminal case, presumption of innocence is in favour of accused, whereas in a case in complaint under NI Act, presumption is in favour of complainant with reverse onus upon the accused.

(Para 20)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 139 – Code of Criminal Procedure, 1973 (2 of 1974), Section 251, 258 – Complaint for dishonor of cheque – Notice of accusation – Discharge of accused – Quashing of criminal proceedings -- In case ingredients for filing complaint u/s 138 of NI Act are in existence, then presumption is there, as provided under law, and to rebut the same, definitely, evidence would be required, which would be possible only in the trial Court, but in case essential ingredients are lacking, then the trial Court, at the time of framing of charge/putting notice of accusation, can quash the criminal proceedings.

(Para 21)

C. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 139 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Complaint for dishonor of cheque – Security Cheque -- Presumption is in favour of the complainant and against the petitioner/accused – No illegality or perversity in the order passed by the Magistrate for summoning the petitioner – Petitioner shall have every right to rebut the presumption by placing on record relevant material before the Trial Court at appropriate stage during trial -- Quashing petition dismissed.

(Para 22, 23)

Code of Criminal Procedure, 1973 (2 of 1974), Section 227, 228 -- Quashing of criminal proceedings after framing of charges -- Inherent power of High court -- Without considering the application on merits to quash the criminal proceedings, the High Court dismissed the application as the discharge application is pending before Trial Court – In Anand Kumar Mohatta’s case (2019) 11 SCC 706 the Supreme Court observed and held that High court can exercise jurisdiction u/s 482 of Cr.P.C even when the discharge application is pending with the trial court -- Indeed, it would be a travesty to hold that proceedings initiated against a person can be interfered with at the stage of FIR but not if it has advanced, and the allegations have materialized into a charge sheet -- On the contrary it could be said that the abuse of process caused by FIR stands aggravated if the FIR has taken the form of a charge sheet after investigation -- Case remanded back to the High Court to consider the quashing petition/petition u/s 482 CrPC afresh in accordance with law and on its own merits at the earliest.

(Para 2-4)

Indian Penal Code, 1860 (45 of 1860), Section 420, 447, 506, 120-B, 192, 465, 467, 468, 471 – Code of Criminal Procedure, 1973 (2 of 1974), Section 227 -- Cheating and forgery -- Discharge of accused by Trial court – Revision dismissed by Revisional Court – Challenge to -- Nothing on the record which could prima facie show the involvement of respondents No.2 to 6 or they were beneficiaries of the alleged agreement to sell -- No illegality or perversity in the impugned order passed by the trial Court and Revisional Court.

Para 10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 227 – Discharge of accused -- Central Vigilance Commission ordered that no offence under penal code was made out – A reading of Report shows that, at the highest, the appellant may be negligent without any criminal culpability -- In fact, the positive finding of the CVC that the appellant appears to be a victim – It is clear that in view of the detailed CVC order, the chances of conviction in a criminal trial involving the same facts appear to be bleak – Appellant discharge from the offences under the Penal Code.

(Para 6-8)