Case Note & Summary
The case arose from a criminal complaint filed by a female student against her former college lecturer for offences under the Indian Penal Code, 1860. The complainant alleged that the accused, while employed as a lecturer at Baptist College, Kohima, developed a romantic relationship with her from 1989 onwards and induced her into sexual intercourse on the false promise of marriage. She alleged that she became pregnant twice, in September 1993 and April 1994, and that the accused, under the pretext of obtaining parental consent and avoiding social embarrassment, compelled her to undergo two abortions, first at Putonou Clinic, Kohima in October 1993 and later at Carewell Nursing Home, Dimapur in April 1994. The complainant further alleged that on 20 September 1993, the accused performed a secret marriage ceremony by applying vermilion on her forehead before his deity, leading her to believe she was his lawful wife, but later refused to accept her as his wife and abandoned her when he left for Silchar to join Cachar College. The complaint was registered as Criminal Case No. 1/95 under Sections 312, 420, 493, 496 and 498-A of the Indian Penal Code, 1860 and the accused was summoned. The accused filed a petition under Section 482 of the Code of Criminal Procedure, 1973 before the Gauhati High Court seeking quashing of the complaint and proceedings, arguing that the allegations, even if taken at face value, did not disclose any offence. The High Court dismissed the petition on 12 May 1995. The accused then filed Special Leave Petition (Criminal) No. 2675/95 before the Supreme Court. On 20 October 1995, the Supreme Court dismissed the special leave petition, stating that there was no ground to interfere with the High Court's judgment. However, the Court took suo motu notice of the facts narrated in the complaint and issued notice to the petitioner to show cause why he should not be asked to pay reasonable maintenance per month to the respondent during the pendency of the prosecution proceedings. The accused appeared and filed an affidavit denying the allegations and contending that the complaint was filed only to harass and humiliate him. He stated that his services as a lecturer at Cachar College had been terminated with effect from 16 July 1995 by a resolution of the Governing Body dated 14 September 1995, confirmed on 11 November 1995, and that he had not received any salary since July 1995, rendering him unemployed and unable to pay maintenance. The provided judgment text ends while recounting the facts set out in the complaint and does not include the final operative order on the maintenance issue.
Headnote
A) Criminal Procedure - Quashing of Criminal Complaint - Section 482 of the Code of Criminal Procedure, 1973 - Accused sought quashing of complaint alleging offences under Sections 312, 420, 493, 496 and 498-A IPC on ground that allegations do not make out any case - High Court dismissed the petition and Supreme Court dismissed the special leave petition, holding no ground to interfere with the High Court judgment (Paras Not mentioned). B) Criminal Law - Interim Maintenance to Victim During Pendency of Prosecution - Inherent powers of Supreme Court and fair trial - Supreme Court took suo motu notice of facts narrated in complaint and issued notice to accused to show cause why he should not pay reasonable monthly maintenance to complainant during pendency of prosecution - Accused filed affidavit denying allegations and claiming unemployment; final order not available in provided text (Paras Not mentioned).
Issue of Consideration
Whether the criminal complaint and proceedings should be quashed under Section 482 CrPC; whether the accused should be directed to pay reasonable monthly maintenance to the complainant during pendency of prosecution.
Final Decision
The Supreme Court dismissed the special leave petition on October 20, 1995 and issued suo motu notice to the accused to show cause why he should not pay reasonable monthly maintenance to the complainant during pendency of prosecution. The final order on maintenance is not available in the provided text.
Law Points
- Quashing under Section 482 CrPC
- interim maintenance to victim during pending criminal proceedings
- offences under Sections 312
- 420
- 493
- 496
- 498-A IPC
- suo motu powers of Supreme Court
