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“Marriage, as we all know is an important sacrament and is considered as a sign of cohabitation between a male and a female which is acceptable in the civil society and is valid in the eyes of law.”
“A bare perusal of the FIR revealing commission of cognizable offence and the investigation has to be conducted.”
“One cannot lose sight of the reality that celebrities and public figures invariably tend to speak in a casual tone during interviews, and it is thus essential to consider the broader context rather than isolating specific words.”
The Court also reiterated that FIR is not an encyclopedia of all imputations. Therefore, to test whether an FIR discloses commission of a cognizable offence, what is to be looked at is not any omission in the accusations, but the gravamen of the accusations contained therein to find out whether, prima facie, some cognizable offence has been committed or not.
“The fact that the petitioner belongs to a Scheduled Caste/Scheduled Tribe may have caused some discomfort among the Trustees, leading to the denial of access. Such conduct by the Trustees is unacceptable.”
The Court held that “the prosecution of the petitioner is sugarcoated with ill-intention and made to belittle his image in the society.”
The Court noted that since the petitioner was not found to be involved in any offence, his plea for quashing the FIR no longer required adjudication.
The Court stated that the applicants had not acted in good faith, as they failed to take necessary steps to maintain the road or close/regulate traffic despite knowing the hazardous condition.
The Court opined that the objective of a preliminary inquiry is to screen out frivolous and motivated complaints, not to ascertain the veracity of the information received.
The Court held that while delay in reporting rape is not always material, in the present case, it is crucial due to the complainant’s history and the timing of her allegations.
‘In a young age when relationship develops, they naturally carry impression that they will get married. However, sometimes it fails, and the girl, considering herself to be betrayed and deceived, cannot lodge the FIR saying that rape has been committed with her.”
“No reasonable person would believe the prosecutrix’s allegations given the circumstances and inconsistencies in her statements.”
The Court stated that applicant’s inclusion of specific dress details not related to the actual incident suggests an intent to attribute the incident to a particular group, potentially inciting enmity and disrupting harmony.
“Inherent jurisdiction by the High Court under Section 482 CrPC for quashing of FIR/ complaint should be exercised sparingly, with care and caution in rarest of rare cases.”
MP High Court noted that even if the receipt book was not an EFT Book, it had the seal of the North-Central Railway, creating the impression of official railway documentation.
Madhya Pradesh High Court stated that “throwing a 13-month-old child on the floor by itself would amount to an attempt to murder and throwing a paperweight towards his head would further aggravate the situation.”
“Section 482 CrPC, 1973, iterates the inherent power of the Court, which is extraordinary in nature and assiduously to be exercised to prevent the abuse of the process of any Court or otherwise to serve the ends of justice.”
Madhya Pradesh High Court emphasised that a purely civil dispute should not be converted into a criminal prosecution.
“Now a day it is very common for the husband and wife to reside or do jobs outside of India and their parents are made to suffer in India by way of criminal or matrimonial litigation.”
Madhya Pradesh High Court quashed the impugned FIR and its subsequent criminal proceedings by the prosecutrix aged about 17 years 10 months.