TMI Blog2008 (1) TMI 875X X X X Extracts X X X X X X X X Extracts X X X X ..... s the case of the appellant that she married to respondent No.1 on July 8, 1989. After the marriage, she remained with her husband for few days at Jabalpur and during that period, her husband and in-laws harassed her as her father had not given sufficient amount of dowry. They taunted the appellant saying that had the respondent No.1 married to any other lady, they would have received dowry amount of ₹ 8-10 lakhs. On September 5, 1990, the appellant gave birth to twins. According to the appellant, the greed of the respondents for dowry was so much that in 1991, the first respondent went to the extent of getting quality of gold ornaments given by her father tested by a Goldsmith which were found to be of good quality. It is also the case of the appellant that on December 14, 1991, marriage of the appellant s younger sister was solemnized at Sagar and respondent No.1 and his father had come to attend it. At that time also, the respondents demanded car, colour TV and more gold. When the demand was not met with, the first respondent attacked the appellant and caused injury to her. In March, 1992, the 1st respondent took the appellant with him and kept her with his parents at Jaba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent being made, bail was granted to respondent No.1 and his parents. On September 28, 1996, challan was filed against the respondents for offences punishable under Sections 498A, 506, 406 read with Section 34 of Indian Penal Code (IPC) and also under Sections 3 and 4 of Dowry Prohibition Act, 1961. On January 30, 1997, charges were framed against respondent Nos. 1 to 3 (husband, father-in-law and mother-in-law) and also against brother and sister of respondent No.1. All the accused challenged the action of framing of charge against them in the High Court by filing a Revision Petition. The High Court vide its order dated October 22, 1997, partly allowed the revision and quashed charges against brother and sister of respondent No.1. The High Court, however, held that so far as other respondents were concerned, charges could not be quashed and dismissed the petition. Being aggrieved by the said order, the respondents approached this Court by filing Special Leave Petition but even this Court dismissed the SLP on February 23, 1998. The respondents then once again filed a petition in the High Court by invoking Section 482 of the Code on February 23, 1999. The appellant filed her reply to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ren were born in 1990 but she had never taken interest nor even seen them after 1990. Both the children are with the respondents and they are very happy. According to the respondents, there was no demand of dowry either by respondent No.1 or by his family members and a totally false and concocted complaint was filed against them and the Court was convinced that the action had been taken by the appellant to harass the respondents and the proceedings were liable to be quashed. Finally, it was submitted that this Court may not exercise equitable jurisdiction under Article 136 of the Constitution in favour of the appellant. 12. Having given anxious consideration to the rival submissions of the parties, in our view, the High Court was wrong in quashing the proceedings. From the facts noted hereinabove, it is clear that a complaint was lodged by the petitioner against respondent Nos. 1 to 3 as also against other accused for offences punishable under Sections 498A, 342 and 406, IPC and Sections 3 and 4 of Dowry Prohibition Act. The trial Court satisfied that prima facie case was made out and accordingly charges were framed against respondent Nos. 1 to 3 as well as against other accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and accordingly the proceedings were ordered to be quashed. The Court, for coming to the said conclusion, relied upon certain decisions of this Court. 14. In Madhu Limaye v. State of Maharashtra, (1977) 4 SCC 551, an interlocutory order was passed by a Court subordinate to the High Court against which Revision Petition was filed. It was contended that sub-section (2) of Section 397 barred exercise of revisional powers in relation to any interlocutory order passed in an appeal, inquiry, trial or in any other proceeding . Since the order was interlocutory in nature, revision petition was not maintainable. This Court held that even where an order cannot be challenged in revision, inherent powers under Section 482 of the Code could be exercised by the High Court in appropriate cases. 15. This Court stated: On a plain reading of Section 482, however, it would follow that nothing in the Code, which would include sub-section(2)of Section 397 also, shall be deemed to limit or affect the inherent powers of the High Court . But, if we were to say that the said bar is not to operate in the exercise of the inherent power at all, it will be setting at naught one of the limitations i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is the duty of the Court to encourage genuine settlement of matrimonial disputes. 18. Discussing the underlying object of inserting Chapter XXA (Section 498A) in the Indian Penal Code, the Court stated: There is no doubt that the object of introducing Chapter XX-A containing Section 498-A in the Indian Penal Code was to prevent torture to a woman by her husband or by relatives of her husband. Section 498-A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hypertechnical view would be counterproductive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XX-A of the Indian Penal Code. 19. In spite of best efforts by the learned counsel for the respondents, we are unable to persuade ourselves to hold that after the order passed by this Court dismissing Special Leave Petition upholding framing of charge against respondent Nos. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It deprecated the practice of filing Criminal Miscellaneous Petitions after disposal of main matters and issuance of fresh directions in such petitions. 25. The Court said; Section 362 of the Code mandates that no court, when it has signed its judgment or final order disposing of a case shall alter or review the same except to correct a clerical or an arithmetical error. The section is based on an acknowledged principle of law that once a matter is finally disposed of by a court, the said court in the absence of a specific statutory provision becomes functus officio and disentitled to entertain a fresh prayer for the same relief unless the former order of final disposal is set aside by a court of competent jurisdiction in a manner prescribed by law. The court becomes functus officio the moment the official order disposing of a case is signed. Such an order cannot be altered except to the extent of correcting a clerical or an arithmetical error. 26. In the case on hand, charges were framed against respondent Nos. 1 to 3 and the said order was affirmed by the High Court and by this Court. It is no doubt true that thereafter there was a talk of settlement between the partie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny judicial proceedings and the learned Judges constituting the Bench are not amenable to the writ jurisdiction of this court. 29. Even if we may not go to the extent that the High Court ventured to sit over the order passed by this Court in quashing the proceedings, in our considered opinion, on the facts and in the circumstances of the case, the High Court was not justified in invoking Section 482 of the Code and in quashing prosecution against the respondents. 30. Moreover, it is well-settled that inherent power under Section 482 of the Code must be exercised in rarest of rare cases. Before more than four decades in the leading case of R.P. Kapur v. State of Punjab, (1960) 3 SCR 388, this Court stated: It is well-established that the inherent jurisdiction of the High Court can be exercised to quash proceedings in a proper case either to prevent the abuse of the process of any court or otherwise to secure the ends of justice. Ordinarily criminal proceedings instituted against an accused person must be tried under the provisions of the Code, and the High Court would be reluctant to interfere with the said proceedings at an interlocutory stage. It is not possible, desirabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is reliable or not. That is the function of the trial Magistrate, and ordinarily it would not be open to any party to invoke the High Court s inherent jurisdiction and contend that on a reasonable appreciation of the evidence the accusation made against the accused would not be sustained. (emphasis supplied) 31. Yet, in another important decision in State of Haryana v. Bhajan Lal, (1992) Supp 1 SCC 355, the Court referred to a number of leading decisions on the point and laid down the following principles for exercising power of quashing criminal proceedings. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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