Criminal Law – Quashing of Proceedings – Non-compliance with Settlement Terms – Petition Dismissed – The petitioner sought quashing of criminal proceedings based on a settlement agreement in divorce proceedings where the respondent refused to proceed with the second motion under Section 13B(2) of the HMA – Held: Withdrawal of consent for mutual divorce is a statutory ...
Criminal Law - Fair Trial – Right to Defend – Access to Evidence by Accused – The accused sought access to CCTV visuals that were part of the prosecution evidence to prepare his defense. The court observed that denying access to such evidence infringes on the accused’s right to a fair trial. – Held: The accused has the right to view prosecution evidence unless it infr...
Criminal Law - Forgery and Cheating – Lack of Material Evidence – Acquittal Upheld – The prosecution failed to produce critical evidence such as admit cards, attendance sheets, answer sheets, and roll number slips to substantiate charges of forgery and cheating – Held: Acquittal justified due to lack of material evidence and procedural lapses [Paras 20-25].
Duty of Inves...
Criminal Law – Quashing of FIR – Alleged Offenses under IPC and Atrocities Act – FIR filed for offenses under Sections 376(2)(N) and 506 of IPC, along with Sections 3(1)(R), 3(1)(w), and 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – High Court quashed proceedings on the basis of an alleged settlement between the parties, directing the...
Murder – Eyewitness Testimony – Reliability of Evidence – Chance Witnesses – Held: Testimonies of chance witnesses were inconsistent, delayed, and contradictory, raising doubts about their presence at the scene – No credible explanation was provided for delayed reporting to the police despite proximity of the police station – Witnesses’ accounts were incon...
Criminal Law – Death Sentence – Appellant convicted for rape and physical assault of his 5-year-old step-sister – Trial court awarded death sentence under Section 376 AB IPC – Case referred for confirmation of death sentence – Appeal against conviction and sentence considered [Paras 1-4].
Procedural Fairness – Examination of Victim’s Testimony – V...
Bail Application – Cross-Versions of Events – Political Sensitivity – Bail Granted – Applicants sought bail in a case alleging their involvement in a mob violence incident that resulted in deaths on both sides – Held: Evidence showed cross-versions with multiple deaths and injuries; the applicants were not named in the original FIR and their roles emerged later &ndash...
Criminal Law - 498-A IPC – Cruelty Against Wife – Conviction Affirmed – The accused (husband and in-laws) were convicted under Section 498-A IPC for continuous harassment of the informant, including dowry demands and physical assaults – The court rejected the plea of double jeopardy, holding that prior compromise and acquittal under similar allegations in an earlier case di...
Corporate Criminal Liability – Vicarious Liability of Directors – Prima Facie Case – Dismissal of Discharge Application Upheld – The petitioner, an executive director of Amrit Projects Ltd., challenged the continuation of proceedings against him under the SEBI Act and Companies Act, claiming no involvement in daily operations – Held: Directors with significant roles, ...
Criminal Proceedings – Mischaracterization of Civil Dispute – Section 482 of Cr.P.C. – Cognizance Quashed – The petitioners challenged criminal proceedings initiated against them for alleged forgery and fraud in a property sale involving Waqf land – The respondents alleged the sale deed was based on a forged Waqf Board authorization letter – The petitioners argu...