Family Law – Mediated Settlement Agreement – Resilement – DV Proceedings Quashed – Parties married in 2000 entered into a Settlement Agreement dated 16.05.2024 through mediation, agreeing to dissolve marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1955 – Appellant-Husband performed his obligations including payment of ₹75,00,000/-, ₹14,00,0...
Voyeurism — Section 354-C IPC — Essential Ingredients — Quashing of FIR — Applicant accused of staring at complainant's chest and insulting her during office meetings — FIR registered under Section 354-C IPC — Held: Section 354-C is a specific provision penalising watching or capturing the image of a woman engaged in a "private act" in circumstance...
Bail — Espionage — Official Secrets Act, 1923 — BNS, Section 152 — Petitioner accused of transmitting sensitive defence information to Pakistani intelligence operatives — FIR registered on basis of disclosure statement made during custody in a prior Arms Act case — Petitioner had visited Pakistan in November 2024 on a religious trip to Kartarpur Sahib and Nankan...
Criminal Law – Limitation for Taking Cognizance – Section 468, Cr.PC – Relevant Date for Computing Limitation – Cross-FIRs – FIR No. 121 of 2011 registered against Respondent No. 2 for offences under Sections 323 and 341 read with Section 34, IPC arising out of an altercation on 09.05.2011 – Charge-sheet filed on 29.05.2012, i.e., one year and twenty days after ...
Criminal Law – Suspension of Sentence – Section 389 CrPC – Murder Conviction – Respondent No. 2 convicted under Sections 302/34 IPC and Section 27(3) of the Arms Act and sentenced to life imprisonment after full trial, based on consistent ocular evidence of three eyewitnesses – High Court suspended sentence during pendency of appeal relying on specific role attributed...
Criminal Law – Interim Custody of Property – Freezing and Defreezing of Bank Accounts – Sections 451, 457 and 102 Cr.P.C. – The complainant transferred Rs. 1.17 crores, including amounts to the petitioner's account, for the procurement of a fluid which was never supplied – The Investigating Officer froze the petitioner's bank account containing Rs. 1,12,15,884...
Dowry Death — Section 304B IPC — Presumption under Section 113B Evidence Act — Foundational Facts — Prosecution failed to prove that the deceased was subjected to cruelty or harassment in connection with demand of dowry soon before her death — Seven out of eighteen prosecution witnesses, including mahazar witnesses (PW5, PW6), confession and recovery witnesses (PW10, ...
Kidnapping — Section 363 IPC — Lawful Guardianship — Acquittal — The appellant was convicted by the learned Additional District and Sessions Judge, Fast Track Court No. 7, Calcutta under Section 363 IPC and sentenced to rigorous imprisonment for four years — The conviction arose from an incident dated 03.11.2003 in which the appellant allegedly took a minor girl from ...
Lokpal and Lokayuktas Act, 2013 – Section 20(3) – Direction for CBI Investigation – Exoneration in Preliminary Inquiry – Mandatory Reasons – Petitioner, Senior Intelligence Officer, DRI, Delhi Zonal Unit, was part of the investigation team against Respondent No. 5, who had been issued multiple show-cause notices proposing confiscation and raising demands of several hu...
Kidnapping – Section 363 and 366 IPC – Criminal Conspiracy – Section 120-B IPC – Victim a Minor – Conviction Partly Upheld – Accused Sanjeev Kumar @ Sanju instigated the minor victim (aged 16 years) to leave her home by threatening her about public knowledge of their relationship, paying her ₹800/- and promising to marry her – Accused Kanchan Kumar accom...