TMI Blog2007 (12) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... e complaint does not disclose commission of any offence or prosecution is barred by limitation or that the proceedings of criminal case would result in failure of justice, then it may exercise inherent power under Section 482 Cr.P.C. Although, the learned Single Judge of High Court dealt with various points raised by the appellants and negatived the same by recording the detailed order, his attention does not appear to have been drawn to the order dated 24.10.2006 passed by the co-ordinate bench in Criminal Petition whereby the proceedings of CC were quashed qua the parents of the appellants on the ground that the learned Magistrate could not have taken cognizance after three years. Respondent No.2 is not shown to have challenged the order passed in Criminal Petition. Therefore, that order will be deemed to have become final. We are sure that if attention of the learned Single Judge, who decided Criminal Petition had been drawn to the order passed by another learned Single Judge in Criminal Petition, he may have, by taking note of the fact that the learned Magistrate did not pass an order for condonation of delay or extension of the period of limitation in terms of Section 47 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Prohibition Act 1961 (for short the Dowry Act). 3. Bhavani Shireesha, the eldest daughter of respondent No. 2 Shrimati D. Shaila, is a doctor by profession. She was married to appellant No. 1 Sanapareddy Maheedhar Seshagiri who is working as Software Engineer at New Jersey, USA on 22.04.1998 at Hyderabad. Before marriage, the appellants and their parents demanded ₹ 5 lakh cash, 50 tola gold jewellery and ₹ 75,000/- towards Adapaduchu Katnam as dowry. They also demanded transfer of the ground floor of the residential house belonging to respondent No. 2 and her husband in favour of the parents of the appellants. Respondent No. 2 and her husband agreed to pay ₹ 4 lakh cash, 60 tola gold jewellary and ₹ 75,000/- towards Adapaduchu Katnam as dowry. They also agreed to bequeath the ground portion of their house in the name of their daughter. The appellants and their parents accepted the proposal and performed betrothal on 16.04.1998. Thereafter, the parents of the appellants demanded Zen car and threatened to cancel the engagement unless the car is given. This compelled the husband of respondent No. 2 to raise loan of ₹ 4 lakh and purchased the car, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .P.C. This led to registration of Crime No. 54/1999 at Women Police Station, CID, Hyderabad. On 18.9.2000 the Inspector of Police, Women Protection Cell, C.I.D., Hyderabad submitted final report with the prayer that the case may be treated as closed due to lack of evidence. He mentioned that much progress could not be made due to non-availability of de facto victim and other key witnesses in India and there was no immediate prospect of their coming to India. He also mentioned that the accused party returned the personal belongings including gold jewellery to the de facto victim in U.S.A. and that a decree of divorce had been passed by the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County. The Investigating Officer also made a reference to the direction given by Additional Director General of Police, CID to close the case due to lack of evidence. 5. By an order dated 1.11.2000, the concerned Magistrate rejected the final report and directed the police to make further investigation. In the opinion of the learned Magistrate, the investigation had not been done properly and the final report submitted under the dictates of the Additional Director General ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thereafter, the police filed a charge-sheet under Sections 498A and 406 IPC read with Sections 3, 4 and 6 of the Dowry Act. On 4.10.2002 the concerned Magistrate took cognizance of the case and issued summons to the appellants and their parents. 9. It is also borne out from the record that without disclosing the fact that the concerned Magistrate had already rejected the final report, the appellants and their parents filed writ petition nos. 6237 of 2001 and 2284 of 2001 with the prayer for quashing the proceedings of Crime No. 54 of 1999 on the file of Women Protection Cell, CID, Hyderabad. The learned Single Judge who heard the writ petitions made a reference to order dated 26.9.2000 passed by another learned Single Judge in Criminal Petition No. 3912 of 2000 and disposed of both the petitions on 4.12.2001 by directing XXII Metropolitan Magistrate, Hyderabad to pass appropriate order on the final report within a period of two months of receipt of the copy of the order. 10. The parents of the appellants challenged the proceedings of CC No. 240 of 2002 in Criminal Petition No. 1302 of 2003 filed under Section 482 Cr.P.C. They pleaded that in view of the bar contained in Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oreign judgment is not conclusive and that various facts are required to be proved and established before the Criminal Court. The learned Single Judge rejected the appellant s plea regarding lack of sanction of the Central Government by observing that such sanction can be obtained even during the trial. 13. Ms. Beena Madhavan, learned counsel for the appellants reiterated the contentions raised on behalf of her clients before the High Court and argued that the learned Single Judge committed an error by refusing to quash the proceedings of CC No. 240 of 2002 ignoring the fact that the learned Magistrate had taken cognizance after almost four years of the last act of alleged cruelty committed against Shireesha Bhavani. She submitted that after dissolution of the marriage, Shrimati Shireesha Bhavani had taken back the Gold and Silver jewellery and then contracted marriage with Mr. Venkat Puskar and this fact ought to have been considered by the learned Single Judge while examining the appellants pleas that the proceedings of criminal case instituted against them amounts to an abuse of the process of law. She then argued that in exercise of the power under Section 482 Cr.P.C., the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for different types of offences punishable with imprisonment for a term exceeding one year but not exceeding three years, the period of limitation is three years. Section 469 specifies the point of time with reference to which the period of limitation is to be counted. Section 470 provides for exclusion of time in certain cases. Sub-section (4) thereof lays down that in computing the period of limitation, the time during which the offender has been absent from India or from any territory outside India which is under the administration of the Central Government or has avoided arrest by absconding or concealing himself, shall be excluded. Section 472, which deals with continuing offence declares that in case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues. Section 473, which begins with non-obstante clause, empowers the Court to take cognizance of an offence after the expiry of the period of limitation, if it is satisfied that the delay has been properly explained and it is necessary so to do in the interest of justice. 16. In State of Punjab v. Sarwan Singh [1981 (3) SCC 34], this Court noted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... requirement of the justice to condone or ignore such delay. As such, whenever the bar of Section 468 is applicable, the court has to apply its mind on the question, whether it is necessary to condone such delay in the interests of justice. While examining the question as to whether it is necessary to condone the delay in the interest of justice, the Court has to take note of the nature of offence, the class to which the victim belongs, including the background of the victim. If the power under Section 473 of the Code is to be exercised in the interests of justice, then while considering the grievance by a lady, of torture, cruelty and inhuman treatment, by the husband and the relatives of the husband, the interest of justice requires a deeper examination of such grievances, instead of applying the rule of limitation and saying that with lapse of time the cause of action itself has come to an end. The general rule of limitation is based on the Latin maxim : v igilantibus, et non, dormientibus, jura subveniunt (the vigilant, and not the sleepy, are assisted by the laws). That maxim cannot be applied in connection with offences relating to cruelty against women. [ Emphasis added] In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and where the court taking cognizance finds that it would be in the interest of justice. This discretion conferred on the court has to be exercised judicially and on well-recognised principles. This being a discretion conferred on the court taking cognizance, wherever the court exercises this discretion, the same must be by a speaking order, indicating the satisfaction of the court that the delay was satisfactorily explained and condonation of the same was in the interest of justice. In the absence of a positive order to that effect it may not be permissible for a superior court to come to the conclusion that the court must be deemed to have taken cognizance by condoning the delay whenever the cognizance was barred and yet the court took cognizance and proceeded with the trial of the offence. But the provisions are of no application to the case in hand since for the offences charged, no period of limitation has been provided in view of the imposable punishment thereunder. In this view of the matter we have no hesitation to come to the conclusion that the High Court committed serious error in holding that the conviction of the two respondents under Section 417 would be barred as on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on cannot be nullified at the very threshold on the ground that the prescribed period of limitation had expired. According to the learned counsel for the appellants, the alleged acts of cruelty giving rise to the offence under Section 498-A ceased on the exit of the informant from the matrimonial home on 2-10-1997 and no further acts of cruelty continued thereafter. The outer limit of time for taking cognizance would therefore be 3-10-200 0, it is contended. However, at this juncture, we may clarify that there is an allegation in the FIR that on 13-10-1998/14-10-1998, when the informant s close relations met her in-laws at a hotel in Chennai, they made it clear that she will not be allowed to live with her husband in Mumbai unless she brought the demanded money and jewellery. Even going by this statement, the taking of cognizance on 13-2-2002 pursuant to the charge-sheet filed on 28-12-2001 would be beyond the period of limitation. The commencement of limitation could be taken as 2-10-1997 or at the most 14-10-1998. As pointed out by this Court in Arun Vyas v. Anita Vyas (supra) the last act of cruelty would be the starting point of limitation. The three-year period as per Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should, in the interest of justice, liberally exercise power under Section 473 for extending the period of limitation. 21. At this stage, we may also notice the parameters laid down by this Court for exercise of power by the High Court under Section 482 Cr.P.C to give effect to any order made under the Cr.P.C or to prevent abuse of the process of any court or otherwise to secure the ends of justice. In R.P.Kapur v. State of Punjab [AIR 1960 SC 866] this Court considered the question whether in exercise of its power under Section 561A of the Code of Criminal Procedure, 1898 (Section 482 Cr.P.C. is pari materia to Section 561A of the 1898 Code), the High Court could quash criminal case registered against the appellant who along with his mother-in-law was accused of committing offences under Section 420, 109, 114 and 120B of the Indian Penal Code. The appellant unsuccessfully filed a petition in the Punjab High Court for quashing the investigation of the First Information Report (FIR) registered against him and then filed appeal before this Court. While confirming the High Court s order this Court laid down the following proposition: 22. The inherent power of High Court under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not be sustained. In State of Haryana v Bhajanlal [1992 Supp. (1) SCC 335] this Court considered the scope of the High Court s power under Section 482 of Cr.P.C and Article 226 of the Constitution to quash the FIR registered against the respondent, referred to several judicial precedents including those of R.P.Kapoor v. State of Punjab (supra), State of Bihar v. J.A.C. Saldanha [1980 (1) SCC 554] and State of West Bengal v. Swapan Kumar Guha [1982 (1) SCC 561] and held that the High Court should not embark upon an enquiry into the merits and demerits of the allegations and quash the proceedings without allowing the investigating agency to complete its task. At the same time, the Court identified the following cases in which the FIR or complaint can be quashed. (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 polic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithout sufficient material. Of course, no hard-and-fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage. It would not be proper for the High Court to analyse the case of the complainant in the light of all probabilities in order to determine whether a conviction would be sustainable and on such premises arrive at a conclusion that the proceedings are to be quashed. It would be erroneous to assess the material before it and conclude that the complaint cannot be proceeded with. In a proceeding instituted on complaint, exercise of the inherent powers to quash the proceedings is called for only in a case where the complaint does not disclose any offence or is frivolous, vexatious or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same in exercise of the inherent powers under Section 482 of the Code. It is not, however, necessary that there should be meticulous analysis of the case before the trial to find out whether the case would end in conviction or a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... individual or the society are expeditiously brought to trial and, if found guilty, adequately punished. Therefore, while deciding a petition filed for quashing the FIR or complaint or restraining the competent authority from investigating the allegations contained in the FIR or complaint or for stalling the trial of the case, the High Court should be extremely careful and circumspect. If the allegations contained in the FIR or complaint discloses commission of some crime, then the High Court must keep its hands off and allow the investigating agency to complete the investigation without any fetter and also refrain from passing order which may impede the trial. The High Court should not go into the merits and demerits of the allegations simply because the petitioner alleges malus animus against the author of the FIR or the complainant. The High Court must also refrain from making imaginary journey in the realm of possible harassment which may be caused to the petitioner on account of investigation of the FIR or complaint. Such a course will result in miscarriage of justice and would encourage those accused of committing crimes to repeat the same. However, if the High Court is satis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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