x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   From stethoscopes to RDX: 3 doctors from Kashmir linked to Delhi terror attack | LG chairs security review meeting | Huntdown every culprit involved in Delhi blast: Shah | Pulwama doctor was driving car, had links to interstate terror module | NIA takes over case | Nagrota registers 74% voter turnout, Budgam close to 50 % | Heartbeat of the Nation | Fruit Production in Jammu Region: Blossoming Opportunities Amidst Challenges | White-Collar Terror Ecosystem | DPS Jammu Students Excel in Tata Nation Building Essay Writing Competition 2025 | Himalya Sewa Sang, Jammu organized an intensified IEC campaign for HIV/AIDS awareness | Workshop on "Sustainable Crop Residue Management for Climate Resilient Agriculture" organised at Guru Nanak Dev University | Those first in line to claim govt benefits are the ones who refuse to sing Vande Mataram: CM Yogi | Punjab reigns supreme at 2nd Federation Gatka Cup, Haryana in valiant pursuit | Uttar Pradesh earns national recognition in the Sixth National Water Awards 2024 | "Nation bleeding, Modi busy in birthday celebration in Bhutan": Tony | Div Com reviews progress of ongoing projects at Mubarak Mandi Heritage Complex | LG Kavinder Gupta reaffirms commitment to public welfare, inclusive development in Ladakh | Javid Dar lays foundation stones for various developmental projects | Those responsible for Delhi blast will not be spared: Rajnath | Police arrest impersonator posing as SOG officer in J&K's Pulwama | Patriotic celebrations held at GGHS, Satwari | Anantnag police conducts extensive vehicle checking drives | Newly posted DySSPs in Armed Police holds briefing | Court upholds DGPC's power to appoint Gurudwara Committee, quashes interim stay | Sadhotra condemns police assault on JKAS officer, terms it fallout of dual governance | MLA Arvind Gupta starts blacktopping work in Ward No. 27 | Winter timings announced for District Courts in Kmr, Ladakh | J&K Bank opens new branch in Sangrama, Sopore | Randhawa starts development works under RDD | Back Issues  
 
news details
Inconsistent judicial decisions shake public trust: SC
4/29/2025 10:48:05 PM
New Delhi, Apr 29:
Agencies

The Supreme Court on Tuesday observed inconsistent decisions from different benches shook public trust and outlined their consistency to be hallmark of a responsible judiciary. A bench of Justices P S Narasimha and Joymalya Bagchi was hearing a matrimonial matter where two different single benches of Karnataka High Court had passed contradictory verdicts.
“The case at hand portrays a disturbing picture. While one judge refused to quash proceeding against the in-laws, inter alia, observing the wound certificate demonstrates the appellant was assaulted and suffered simple injuries, another judge by the impugned order quashed the proceeding against respondent husband holding the medical certificate was not consistent with the allegations in the complaint, i.e., the wound certificate does not show the injuries were caused by a blunt weapon.”
Justice Bagchi, who authored the verdict, censured the order passed by the second judge, who quashed the proceedings against the husband.
“Having perused the impugned judgment, we are of the view the judge erred in law by embarking upon an enquiry with regard to the credibility or otherwise of the allegations in the FIR/chargesheet.”
The top court opined the judge compared the nature of assault described in the FIR in relation to the wound certificate and held the allegations to be untrue.
In the process, the bench said, the judge performed a mini-trial to quash the proceeding -- an exercise impermissible in law.
The top court said though the order refusing to quash the proceeding against some of the in-laws was passed earlier, it was inexplicable why it did not find a mention in the order quashing the proceedings against the husband.
“It was incumbent on the judge while quashing the proceeding against the respondent husband to refer to the earlier decision of the co-ordinate bench and distinguish the reasons therein to arrive at a different conclusion. Failure to do so infracts judicial propriety and discipline,” the bench said.
Consistency in judicial outcomes, it underscored, was the hallmark of a responsible judiciary.
“Inconsistent decisions coming out from different benches shake public trust and reduce litigation to a punter’s game. It gives rise to various insidious sharp practices like forum shopping spoiling the clear stream of justice.”
The top court said the high court judge “misdirected himself” in holding that the proceeding was malicious and an abuse of the process of the court as the matter was pending in the matrimonial court.
“Offences involving cruelty on wife would invariably arise out of matrimonial disputes,” it added.
The bench said the impugned order suffered from the “vice of judicial caprice” and deserved to be set aside.
Notably, the top court said the pendency of the matrimonial case couldn’t per se lead to an inference that institution of criminal proceeding alleging assault supported by medical evidence and independent witness was a “product of malice and abuse of the court”.
The bench said it was nobody’s case that no injury was noted in the wound certificate thereby rendering the allegation of assault patently absurd or inherently improbable.
“In this backdrop, it was unwarranted for the judge to embark on a mini trial to weigh the ocular version vis-à-vis medical evidence and quash the proceeding. Whether the ocular evidence is fully incompatible with medical evidence is a matter of trial and cannot be a ground to terminate prosecution at the initial stage,” it added.
The top court’s order came on a plea of the wife against the high court order quashing the criminal case against her estranged husband.
She alleged her estranged husband had an affair with another woman and the latter verbally abused her.
Her estranged husband and in-laws, she alleged further, harassed her physically and mentally aside from demanding a Rs 2-lakh dowry.
Owing to the ill-treatment meted out to her and the dowry demand, she moved in with her parents.
The case was lodged against the husband and in-laws over charges of assault and dowry harassment.
The husband and others moved the high court seeking quashing ofthe FIR.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU