Quashing of Proceedings – Power of High Court under Section 482 CrPC – Despite being non-compoundable, criminal proceedings under Sections 306 and 498A IPC can be quashed if evidence is insufficient, and the nature of the allegations is private and matrimonial. Amicable settlement for the welfare of the victim’s children weighed heavily in favor of quashing – Held: Proceedi...
Criminal Law – Challenge Arrest Procedure and Remand – Adherence to BNSS and Constitutional Norms – Judicial Review Upheld – The petitioner challenged the remand order alleging procedural lapses and constitutional violations in the arrest and custody proceedings – Court examined compliance with the Bharatiya Nagarik Suraksha Sanhita, 2024, and Articles 21 and 22 of th...
Dowry Death – Essential Ingredients – Section 304-B IPC – Conviction Upheld – The court identified the four essential ingredients of Section 304-B IPC: unnatural death within seven years of marriage, cruelty or harassment soon before death, and cruelty connected to dowry demand. It found sufficient evidence that the deceased was subjected to prolonged cruelty linked to dowr...
Criminal Law - Protest Petition – Direction to Reconsider Case – Order Upheld – The appellant challenged the High Court's decision that set aside the Magistrate's order directing the investigating agency to reconsider the case based on a protest petition – The Court interpreted the Magistrate’s order as a direction for continuation of investigation, not reinve...
Criminal Law – Sections 498A and 306 IPC – Discharge Application – Partial Discharge Granted – Appellants accused of subjecting the deceased (wife of appellant no. 1) to physical and mental harassment, including selling her streedhan and torturing her when she demanded its return – Alleged harassment led to the deceased committing suicide by hanging – Sessions C...
Criminal Law – Murder - Motive – Weak and Unsupported – Conviction Set Aside – Prosecution alleged that the appellant killed the deceased following a dispute involving the non-repayment of a loan and an alleged offensive utterance by the deceased – Held: The prosecution failed to provide any evidence to substantiate the claim of the alleged utterance or motive –...
Quashing of Criminal Proceedings – Applicability of Sections 7 and 7A of the Prevention of Corruption Act – Demand and Acceptance as Sine Qua Non – Proceedings Quashed - Petitioner, a public servant, sought quashing of criminal proceedings against him for alleged involvement in irregularities linked to the I Monetary Advisory (IMA) Group scam – Allegations included receivin...
Criminal Law – POSCO – Rape – Conviction Set Aside - Age Determination of Victim – Hierarchical Standards under Section 94 of JJ Act – Trial Court Erred in Relying on Birth Certificate Alone – As per Section 94 of the JJ Act and Rule 12(3)(a) of the JJ Rules, age determination must follow a hierarchical process, prioritizing a matriculation certificate, followed...
Civil Law - Employees’ Provident Fund Act – Quashing of Proceedings – Limitation Bar Applied – Proceedings Quashed – The petitioners challenged criminal proceedings alleging non-filing of provident fund returns, citing limitation and prior dissolution of their establishment – Held: Cognizance taken beyond the statutory limitation period under Section 468 CrPC re...
Criminal Law – Conviction and Sentence – Evidence Assessment – Witness Credibility – Fardbeyan Credibility – Conviction for murder based on conflicting witness testimonies – High Court scrutinized witness statements and police procedures – Hostile witness evidence partially relied upon – Inconsistencies in prosecution case led to benefit of doubt &nd...