Bharat Pathania v. State of Himachal Pradesh - Criminal Cases Quashed - Husband Undertaking
Indian Penal Code 1860 - Sections 307, 323, 324, 452, 504, 506 - SC quashed criminal proceedings by invoking Article 142 powers by recording written undertaking that accused will look after his wife and child “nicely” and “not harm them in any manner whatsoever” - The commission of an offence inevitably implicate broader societal ramifications and invite a response grounded in deterrence. However, the exercise of judicial discretion must be guided by the circumstances of the case. Where a lawful resolution ensures the welfare of the wife and the child, the continuation of criminal proceedings may not always advance the ends of justice. In such cases, bringing the proceedings to a close may serve both individual and societal interests by encouraging responsibility and stability. (Para 4-6)
Case Info
Key Details
- Case name: Bharat Pathania v. State of Himachal Pradesh & Ors.
- Neutral citation: Not provided in the order.
- Coram: Hon’ble Mr. Justice Dipankar Datta; Hon’ble Mr. Justice Satish Chandra Sharma.
- Judgment/Order date: 07 January 2026 (New Delhi).
Statutes / laws referred
- Indian Penal Code: Sections 307, 323, 324, 452, 504, 506 (offences mentioned in FIR No. 93/2024).
- Constitution of India: Article 142 (power invoked to quash proceedings).