Criminal Law - Quashing of Criminal Proceedings – Matrimonial Dispute – Abuse of Process of Law – The FIR was lodged by the wife two months after the husband filed for divorce – The Supreme Court noted that such delayed allegations, particularly after the initiation of divorce proceedings, indicate an ulterior motive – Held: Criminal proceedings appear to be vexatious...
Habeas Corpus Petition – Dismissal After Return of Missing Person – No Grounds for Further Judicial Review – The petitioners’ mother, who was allegedly in unlawful detention, returned home during the pendency of the Habeas Corpus petition – The High Court dismissed the petition as infructuous – The Supreme Court held that once the detenue is no longer in unlawfu...
Criminal Law – Acquittal for Attempted Murder and Assault – Respondents acquitted of charges under Sections 307, 323, 341 IPC by the trial court due to unexplained delay in lodging FIR, unreliable medical evidence, and lack of independent corroboration of the complainant’s testimony – High Court upheld the acquittal, emphasizing the double presumption of innocence in favor ...
Criminal Law - Sanction for Prosecution – Judicial Review – Validity of Orders Declining Sanction – Orders Set Aside – Refusal to grant sanction for prosecution is subject to judicial review – The sanctioning authority must apply its independent mind and consider all relevant evidence – In the instant case, the impugned orders were non-speaking and failed to con...
Criminal Law – Circumstantial Evidence – Failure to Prove Guilt Beyond Reasonable Doubt – Acquittal Granted – The appellant was convicted under Section 302 IPC for the murder of one Ramlal based solely on circumstantial evidence – The prosecution alleged that the appellant was last seen with the deceased, had a motive related to non-payment of wages, and fled from the...
Criminal Law - Matrimonial Dispute – Quashing of FIR Under Section 498A IPC – Abuse of Process of Law – The wife filed an FIR under Section 498A and 506 IPC against the husband three years after the alleged incidents of cruelty – The complaint lacked specific allegations of dowry harassment or cruelty, and was filed immediately after failed settlement discussions – He...
Criminal Law – Circumstantial Evidence – Prosecution Failed to Establish Guilt Beyond Reasonable Doubt – Acquittal Granted – The appellant was convicted for the murder of his first wife based on circumstantial evidence – Key prosecution witnesses, including the deceased’s brother and sister, turned hostile and denied any foul play – The medical opinion on ...
Criminal Law – Partial Compromise – Scope and Validity – The court examined whether partial compromise can form a basis for quashing FIRs and criminal proceedings under Section 482 CrPC or its equivalent Section 528 BNSS – Held, the exercise of jurisdiction to quash criminal proceedings must avoid piecemeal compromises that disrupt the joinder of trials and cause prejudice ...
Criminal Law – Rape on the False Promise of Marriage – Prima Facie Evidence – Discharge Application Dismissed – Accused allegedly had sexual intercourse with the victim repeatedly on the false promise of marriage, persuaded her to send explicit photographs, and later retracted the promise – Special Court held that consent, if any, was vitiated under Section 90 IPC, as...
Criminal Proceedings – Abuse of Process – Delay in Complaint – Section 498A IPC – FIR Quashed – The wife alleged cruelty and harassment but filed the complaint three and a half years after the alleged incidents – No explanation was provided for the delay – Multiple legal proceedings were initiated by the wife after failed settlement talks – Held: FIR...