Supreme Court Strikes Down Expulsion of Bihar MLC as Disproportionate, Orders Immediate Reinstatement Private Banks Not Subject to Writ Jurisdiction Under Article 226: Punjab & Haryana High Court Mere Allegation of Forgery is Not Enough: Madhya Pradesh High Court Dismisses Second Appeal in Partition Dispute When a Case is Made Out for Bail, Courts Should Not Hesitate: Kerala High Court Allows Bail Despite Commercial Quantity of Drugs Seized Retailers Cannot Be Prosecuted for Manufacturer’s Fault" – Karnataka High Court Quashes Case Against Pesticide Dealers Mere Issuance of a Cheque Does Not Prove Legally Enforceable Debt": Delhi High Court Upholds Acquittal in Cheque Dishonor Case Courts Cannot Ignore Urgent Repairs When Public Safety is at Stake: Calcutta High Court Upholds Trial Court's Order Mutation Entries Do Not Confer Ownership: Bombay High Court Rejects Premature Dismissal of Partition Suit No Substantial Question of Law – High Court Cannot Re-Appreciate Evidence Under Section 100 CPC: Andhra Pradesh High Court Injunction Cannot Be Granted Without Proof of Possession: Allahabad High Court Quashes Relief in Land Dispute Section 197 CrPC | Sanction for Prosecution is a Shield, Not a Sword: Supreme Court Quashes Criminal Case Against BIS Officer Landlord is the Best Judge of His Needs: Supreme Court Orders Eviction in Favor of Landowner Vijaya Bank TT Scam | Supreme Court Acquits Jeweller in ₹6.7 Crore Vijaya Bank Fraud Case, Orders Return of 205 Gold Bars Procurement Preference for Small Enterprises is a Legal Mandate, Not a Mere Policy: Supreme Court Rules in Favor of MSMEs Revisional Jurisdiction Cannot Be Invoked Against Interlocutory Orders of Commercial Courts: Orissa High Court Declares Section 8 Bar Absolute Victim’s Testimony Must Be of Sterling Quality to Be Sole Basis of Conviction: Kerala High Court Reduces Sentence of Pastor Convicted for Repeated Rape of Minor Providing Set-Top Boxes to Subscribers Constitutes Sale”: Karnataka High Court Upholds VAT on Tata Play Limited Mere Registration of FIR Cannot Justify Denial of Passport Renewal: Jammu & Kashmir and Ladakh High Court

"QUASHING" Digest

Criminal Law – Quashing of FIR - Prohibition Law – Validity of FIR Based on Breath Analyzer Test – FIR Quashed – The petitioner was booked under Section 37 of the Bihar Prohibition and Excise Act, 2016, based solely on a breath analyzer test showing 41 mg/100 ml blood alcohol concentration – No confirmatory blood or urine test was conducted – The Court relied on...

Quashing of FIR – Section 17-A of Prevention of Corruption Act – Procedural Safeguard – Accused as Municipal Commissioner challenged FIR alleging malafides and non-application of mind during approval under Section 17-A – Held: Approval under Section 17-A must be substantive, not ritualistic, requiring application of mind to the materials presented – Court found lack o...

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...

Criminal Law – Quashing - Cheating and Money Laundering – Ingredients Not Satisfied – The Applicants challenged the issuance of process under the PMLA and IPC, arguing that no criminal act was involved and the dispute arose solely due to delays in obtaining an Occupation Certificate (OC). The Court held that the contractual obligations between the parties were fulfilled, barring ...

Criminal Law – Quashing - Abetment of Suicide – Essential Ingredients – Mens Rea Required – Section 306 IPC – Proceedings Quashed – The applicants were accused of abetting the suicide of their elder brother due to their alleged refusal to repay a loan taken by the deceased – The FIR was lodged by the deceased’s brother-in-law after a delay of several...

Quashing of Criminal Proceedings – Civil Dispute Given Criminal Color – Petitioner accused of failing to pay outstanding business dues of ₹5,93,760 despite repeated demands—Complainant alleged cheating and criminal breach of trust—Held: Business transaction disputes cannot be converted into criminal proceedings—There must be fraudulent or dishonest intention from in...

Criminal Law – Quashing – Loan Dispute - Criminal Proceedings – Civil Dispute – Proceedings Quashed – The petitioners challenged the issuance of process in a loan-related dispute where non-payment was alleged as cheating and criminal breach of trust – The Court observed that mere failure to repay a loan does not constitute a criminal offence unless fraudulent in...

Criminal Law – Quashing of FIR – Second FIR for the Same Incident – The petitioner contended that two FIRs were lodged for the same incident dated 29.04.2017, the first being C.R. No. I-25/2017, and the second being the impugned FIR No. II-3002/2018 – Held: As per settled legal principles, there cannot be a second FIR for the same incident unless it is a counter-complaint &...

Criminal Law – Framing of Charge – Prima Facie Case Requirement – At the stage of framing charge, the court is not required to apply the final standard of proof but only ascertain the existence of a strong suspicion regarding the commission of an offense – Held: Where the allegations indicate that the accused induced the prosecutrix into a sexual relationship under a false ...

Criminal Proceedings – Quashing of FIR – Absence of Prosecution Sanction – The petitioner, a retired school Headmistress, was accused of misappropriation in the school’s Parent-Teacher Association and Noon Meal Fund – The Government declined to grant sanction for prosecution – Held: Prosecution sanction is mandatory for proceeding with the case; in its absence, ...