LexAJAY MALIK versus STATE OF UTTARAKHAND & ANR.
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[2025] 1 S.C.R. 1725 : 2025 INSC 118 Ajay Malik v. State of Uttarakhand & Anr. (Criminal Appeal No. 441 of 2025) 29 January 2025 [Surya Kant* and Ujjal Bhuyan, JJ.] Issue for Consideration (1) Whether the High Court acted well within the contours of its powers under Section 482 of the CrPC in rejecting Ajay Malik’s quashing petition; (2) Whether the High Court fell in error in rejecting the Compounding Application moved by Ajay Malik and supported by the Complainant; (3) Whether the High Court was legally correct in accepting Ashok Kumar’s Criminal Revision, thereby discharging him from the captioned criminal proceedings; (4) Whether the existing legal framework in India sufficiently protects the rights of domestic workers. Headnotes† Penal Code, 1860 – SS.343, 370 and 120B – Correctness of Rejection – No offence u/s.343 IPC – Allegations u/s.370 IPC diminished in the statement u/s.164 CrPC – Allegation u/s.120B IPC speculative: Held: The High Court erred in rejecting Ajay Malik's quashing petition – The investigating agency failed to establish a prima facie case against Ajay Malik for the alleged offences – The allegations, even if taken as true, did not disclose the commission of an offence u/s.343 of the IPC, especially given the High Court's finding of an alternative exit being available to the complainant – Regarding s.370 of the IPC, the allegations against Ajay Malik diminished in the complainant's statement u/s.164 of the CrPC, and her no-objection affidavits consistently stated she was neither trafficked nor wrongfully confined by * Author 1726 [2025] 1 S.C.R. Supreme Court Reports him – The charge under s.120B of the IPC was speculative, as the material on record showed minimal interaction between Ajay Malik and co-accused related only to hiring the domestic worker – The allegations were vague and the complainant's stance under oath that she was not illegally confined made proceeding to trial a futile exercise – The case was deemed fit for quashing. [Paras 11, 14, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 29] CrPC – S.320 – Rejection of Compounding Application – S.370 IPC not a compoundable offense u/s.320 CrPC: Held: Ajay Malik sought compounding of the alleged offences based on the complainant's no-objection affidavit which stated the parties had amicably settled the dispute – S.320 of the CrPC lists compoundable offences but s.370 of the IPC is not included therein, and is therefore a non-compoundable offence – The High Court rejected the compounding application on this ground, and the Supreme Court agreed with this reasoning – However, the Court emphasized that a delicate balance ought to be struck in cases wherein the parties seek compounding of the offences – Though well-intentioned, an excessively moralistic order may unnecessarily prolong criminal proceedings, which have no logical conclusion and only serve to further distress the parties. [Paras 30, 31, 32] Criminal Trial – Discharge – Discharge of Ashok Kumar from criminal proceedings – Upheld in light of mitigating factors – No substantive justification for his inclusion: Held: The Court upheld the High Court's decision to allow Ashok Kumar's criminal revision and discharge him from the criminal proceedings – Ashok Kumar was not named in the initial FIR but was added in a supplementary chargesheet u/s.343 and 120B of the IPC – However, the court took note of several mitigating circumstances, firstly, there was no direct allegation against him by the complainant; secondly, his inclusion via a supplementary chargesheet was lacking substantive justification; and thirdly, that there exists no evidence to suggest that he ever visited the premises or was aware and acting in furtherance of any wrongful confinement of the Complainant – The Court also referenced its finding from Issue (1) regarding the alternative exit being available to the complainant, which negated the claim of wrongful [2025] 1 S.C.R. 1727 Ajay Malik v. State of Uttarakhand & Anr. confinement itself – Given the demonstrable lack of mens rea or direct involvement, the Court found his discharge well-founded and warranted no interference. [Paras 33, 34, 35, 36] Domestic Workers – Rights of – Existing legal framework – insufficient protection of domestic worker’s rights – Committee to be constituted – Submission of report within 6 months to introduce a legal framework: Held: No, the existing legal framework in India d
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