Quashing of Criminal Proceedings – Validity of Charges – Petitioners challenged the charge-sheet and criminal proceedings initiated under the Prohibition of Child Marriage Act and POCSO Act – Evidence presented indicated the victim was of legal age at the time of marriage – FIR alleged child marriage based on hearsay without verifying facts – Continuation of proceedin...
Criminal Law – Negligent Driving – Petitioner convicted under Section 304-A IPC and relevant sections of the Motor Vehicles Act for causing death by negligent driving – Trial court and appellate court affirmed conviction – Revision court considered the petitioner's age, lack of mens rea, and absence of antecedents – Highlighted the potential of the petitioner&rsqu...
Sentencing Principles – Proportionality and Gravity – The Supreme Court reiterated the principle that sentencing should be proportionate to the nature and gravity of the offence committed – The courts must ensure that the punishment reflects the seriousness of the crime and serves the interests of society while not being unduly lenient or harsh [Paras 2-4].
Bigamy &n...
Anticipatory Bail – Conditions and Considerations – The applicant, aged 74, sought anticipatory bail in relation to an FIR filed under various sections of the IPC involving allegations of forgery and conspiracy. The court considered the applicant's age, the civil nature of the underlying dispute, the delayed filing of the FIR, and the applicant's role as an attesting witness. T...
Judicial Delay and Political Influence – Withdrawal of Prosecution – Case involving accused, including a politically influential individual, facing trial for double murder – Accused successfully delayed trial for nearly three decades through repeated adjournments – Trial Court allowed withdrawal of prosecution against one accused (Chhote Singh) citing good public image &nda...
Criminal Law – Bail – Dowry Death – Petitioner sought bail in case registered for dowry harassment and death – FIR based on statements from deceased’s family alleging dowry demands and harassment – Charge-sheet filed, petitioner in custody for over a year – No evidence of petitioner’s ability to tamper with evidence or threaten witnesses – Bail...
Overcharging – Recovery Powers – The NPPA issued demand notices for overcharging on the drug Roscilox, requiring the appellant to deposit both the overcharged principal amount and the interest – The NPPA's authority to recover overcharged amounts is rooted in Paragraph 13 of the DPCO, which empowers the government to recover amounts accrued from charging prices higher than th...
Discharge Application – Scope and Consideration – The Supreme Court reiterated that the scope of consideration under Section 227, Cr.PC, is confined to the 'record of the case and the documents submitted therewith' by the prosecution – Defence materials cannot be considered at this stage – The court must determine whether there is sufficient ground for proceeding ag...
Family Law – Interim Maintenance – Appellant sought full payment of arrears of interim maintenance – Respondent directed to pay only 20% of the total arrears by the High Court – Supreme Court modifies this, directing payment of Rs. 2 crores as a one-time settlement considering financial status, social standing, and ongoing litigation – Judgment reaffirms that maintena...
Criminal Procedure – Bail – Considerations for Grant: Petitioner sought regular bail for offenses under Sections 308, 341, 354B, 506, 509 IPC. The court considered the delay in FIR registration and the gravity of allegations. It highlighted factors such as prima facie case, severity of punishment, and potential to tamper with evidence. The application was dismissed on grounds of severi...