Criminal prosecution not quashed, while passport return and counsel appearance were allowed with safeguards for trial attendance

Criminal prosecution under Section 498 IPC was not quashed because the complaint was already pending before the Magistrate and no ground was found to disturb the High Court's refusal to interfere. The court nevertheless granted ancillary relief on attendance: the appellant's passport was to be returned on execution of a bond with solvent sureties, and he could appear through counsel except when his personal presence was imperatively required, with physical appearance dispensed with on proper application. The proceedings were therefore allowed to continue, subject to safeguards balancing hardship against the need to secure attendance at trial.

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Issues: (i) Whether the criminal prosecution under Section 498 of the Indian Penal Code, 1860 should be quashed; (ii) whether the appellant's passport should be returned and his personal appearance in the trial court dispensed with.

Issue (i): Whether the criminal prosecution under Section 498 of the Indian Penal Code, 1860 should be quashed.

Analysis: The criminal complaint was already pending before the Magistrate and the High Court had declined to quash it. No ground was found to disturb that order.

Conclusion: The prayer to quash the prosecution was rejected and the order of the High Court was left undisturbed.

Issue (ii): Whether the appellant's passport should be returned and his personal appearance in the trial court dispensed with.

Analysis: The appellant was living in England and retention of his passport would cause undue hardship. At the same time, safeguards were needed to secure his attendance when required for trial.

Conclusion: The passport was directed to be returned on execution of a bond with solvent sureties, and the appellant was permitted to appear through counsel except when his presence was imperatively required, with dispensation of physical on proper application.

Final Conclusion: The criminal proceedings were allowed to continue, but the appellant was granted protective relief regarding his passport and attendance before the trial court.

Ratio Decidendi: Where prosecution is not quashed, the court may nevertheless grant ancillary relief balancing the accused's hardship with the need to secure attendance at trial.

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