Rape – Consensual Relationship – Section 375 IPC – FIR Quashed – Petitioner, a skating coach, allegedly developed physical relations with the prosecutrix, wife of the complainant, over a prolonged period – FIR lodged by the husband on the ground that the petitioner had forcibly committed rape and blackmailed the prosecutrix – Prosecutrix, a qualified dentist age...
Criminal Law – POCSO and BNS Offences – Quashing of FIR – Post-Settlement Marriage – Petition Allowed – FIR was lodged at the instance of the parents of the prosecutrix at Police Station Dhamnod, District Dhar, under BNS and POCSO Act – Prosecutrix had been a consenting party and was forced to depose against the petitioner by her parents – Subsequent to re...
Prevention of Corruption Act – Quashing of Proceedings – Sub-Inspector of Police – Demand of Illegal Gratification – Absence of Material Evidence – Petitioner-accused No.3, working as Sub-Inspector of Police at Kamareddy Police Station, was arrayed in Crime No.05/RCO/ACB-NZB/2020 for offences under Sections 7(a)(c) and 12 of the Prevention of Corruption Act and Sectio...
Criminal Law - Negotiable Instruments Act, 1881 - Sections 138 and 141 - Vicarious Liability of Directors - Quashing of Summoning Orders - Petitioner sought quashing of summoning orders and criminal proceedings arising from dishonoured cheques issued by the company - Petitioner contended that he was an Independent Director (Non-Executive), not a signatory to the cheques, and not involved in the da...
Criminal Law – Quashing of Proceedings – Matrimonial Dispute – Implication of Relatives – Petitioners (mother-in-law, father-in-law, and sister-in-law) challenged proceedings arising from a complaint filed by the 2nd respondent alleging cruelty and demand of dowry – Held: A close reading of the complaint indicates that commonplace domestic discord and minor skirmishes...
Prevention of Corruption Act – Quashing of proceedings – Trap case – Demand and acceptance of illegal gratification – Petitioner sought quashing under Section 482 Cr.P.C. alleging absence of preliminary enquiry, lack of jurisdiction of ACB, defective sanction, and absence of recovery from personal possession – Held, at stage prior to trial Court only required to asses...
Criminal Proceedings – Quashing under Section 482 CrPC – Allegations of manufacturing and selling goods by misusing established brand identity – FIR and charge-sheet disclose prima facie offences of cheating, forgery and deception – High Court declined to quash proceedings holding that disputed facts require trial and continuation of prosecution not an abuse of process [Par...
Preventive Detention – Public Safety Act – Law and Order vis-à-vis Public Order – Bovine Smuggling – Petitioner detained under Section 8(1)(a) of the J&K Public Safety Act by order dated 11.07.2025 on the basis of two FIRs and three unverified Daily Diary Entries alleging habitual bovine smuggling – One FIR already disposed of and the other (FIR No. 0049/20...
Criminal Law – Copyright Infringement – Sections 63, 65, 65A, Copyright Act, 1957 – Quashing of Proceedings – Non-Application of Mind – Appellant, a National Award-winning film director, directed 'Kahaani-2' released on 02.12.2016 – Complainant alleged that appellant had stolen his script 'Sabak', registered on 31.07.2015, and used it in the film...
Criminal Procedure – Quashing of FIR – Section 482 CrPC – Sine Qua Non – Dispute arising from a Collaboration Agreement of 2012 led the appellant to lodge a complaint with the Commissioner of Police – FIR not registered on complaint, whereupon appellant filed an application under Section 156(3) CrPC before the Magistrate along with a complaint under Sections 420, 406 ...