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This judgment addresses a batch of writ petitions filed under Article 32 of the Constitution of India, concerning the demolition of residential and commercial properties of individuals accused of criminal offenses. The Supreme Court examined whether the executive branch can demolish properties of accused individuals without due process, considering principles such as the rule of law, separation of powers, public trust, and constitutional rights. The court emphasized that the rule of law is foundational to democratic governance, ensuring fairness, preventing abuse of power, and protecting human rights.

The judgment highlights that everyone is equal before the law, and no one should be punished without a fair trial.

Indian Penal Code, 1860 (IPC) – Sections 306, 498A, and 114- This criminal appeal challenges a Gujarat High Court order that rejected the appellants’ plea for discharge from charges under Sections 306, 498A, and 114 of the IPC. The FIR was filed by the deceased’s father, alleging that the deceased committed suicide due to physical and mental harassment by her husband (Appellant 1) and in-laws (Appellants 2 and 3).

The prosecution argued that the deceased was subjected to cruelty, including the selling of her “streedhan” (ornaments) and subsequent harassment when she demanded their return. The appellants contended that the allegations were baseless and lacked the necessary “mens rea” (intention) to establish abetment of suicide under Section 306, IPC.

Indian Penal Code, 1860 (IPC) – Section 498A – Dowry Prohibition Act, 1961 – Sections 3 and 4 – Quashing of proceedings – Girlfriend as relative.  The appellant sought to quash criminal proceedings initiated against her under Sections 498A, 504, 109 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, based on allegations of harassment by the complainant, wife of the appellant’s alleged boyfriend. The High Court had dismissed the petition. The appellant argued that even considering the FIR and charge-sheet, no case under Section 498A IPC was established.

The Supreme Court referred to U.

Criminal Procedure Code, 1973 (Cr.PC) – Section 482 – Prevention of Money Laundering Act, 2002 (PMLA) – Section 45(1) r/w Sections 3 and 4- The petitioners, accused in both a predicate offence and a PMLA case, sought to set aside an order dismissing their petition to stay proceedings in the PMLA case (Spl CC No.2 of 2023) until the predicate offence case (CC No.22 of 2014) reaches finality.

The Enforcement Directorate (ED) registered a case following a CBI FIR related to corruption, alleging the accused amassed disproportionate assets.

The ED provisionally attached properties but the adjudicating authority did not confirm the order.The petitioners argued that the predicate offence trial should precede the PMLA trial, relying on the Supreme Court’s Vijay Madanlal Choudhry case.

• The prosecution countered that PMLA proceedings are independent, triggered by the predicate offence but not dependent on its outcome, citing Section 44 of PMLA.
  

Indian Penal Code, 1860 (IPC) – Section 498A; Dowry Prohibition Act, 1961 – Sections 3 and 4 – Quashing of FIR – Held, allegations in FIR vague and omnibus, lacking specific details of harassment.

The appellants, husband and his relatives, sought quashing of FIR filed by the wife under Section 498A IPC and Sections 3 & 4 of the Dowry Act, alleging harassment for dowry. The High Court refused to quash the criminal proceedings. The appellants argued that the allegations were false and a counterblast to the husband’s divorce petition.