Criminal Law – Quashing of Proceedings – Domestic Violence – Maintainability – Appellants approached High Court under Section 528 of BNSS (earlier Section 482 Cr.P.C.) seeking quashing of proceedings under Section 12(1) of the DV Act – High Court dismissed the petition as not maintainable – Supreme Court held that the law on maintainability is settled in Shaurab...
Criminal Law – Quashing of FIR – Civil Dispute Allegedly Converted into Criminal Case – FIR Discloses Prima Facie Cognizable Offences – Petition Dismissed – Petitioner approached for quashing of FIR under Sections 451, 504, and 34 IPC alleging false implication in a dispute over car repair charges – Held: FIR allegations show petitioner, along with co-accused, f...
Criminal Law – Quashing - Rape – Consent obtained on false promise of marriage – Applicant sought quashing of charge-sheet under Section 376 IPC on ground that relationship with victim was consensual and based on mutual love – FIR alleged repeated sexual acts on assurance of marriage by applicant and his family’s approval – Victim’s statements under Sectio...
Criminal Law – Direction to Register FIR – Section 175(3) BNSS – Judicial Cognizance – Trial Court directed police to register FIR on private complaint supported by proof of 17 RTGS transfers totaling ₹63,00,000 allegedly misappropriated by petitioner under guise of “fancy interest” investment – Held: Trial Court rightly found prima facie materials warra...
Criminal Law – Quashing of FIR - Second FIR – Distinct Allegations – Petitioners sought quashing of FIR No. 230/2024 claiming it was a second FIR barred by the judgment in T.T. Antony – Earlier FIR No. 38/2021 pertained to inducement to invest in a business scheme – Present FIR concerned subsequent acts of forgery and fabrication of documents including use of fake not...
Negotiable Instruments – Dishonour of Cheque – Complaint by Struck-off Company – Proceedings Quashed – Complaints under Section 138 of the NI Act filed in 2020 by Raghav Aditya Chits Pvt. Ltd. after the company had already been dissolved on 08.08.2018 under Section 248(5) of the Companies Act – Court held that once a company stands struck off and dissolved, it ceases ...
Criminal Law – Section 306 IPC – Quashing of FIR – Allegations of abetment to suicide against the appellant who was in a relationship with the deceased and allegedly refused to marry her – FIR filed by deceased’s mother alleged mental and physical exploitation and instigation by the appellant – Supplementary statement introduced additional claims not present in ...
Criminal Law – Quashing of FIR – Abuse of Process – Petitioners and complainant were co-owners in civil dispute over shared property – Allegations of criminal trespass and outraging modesty found unsubstantiated – No material on record to indicate intention to outrage modesty or exclusive possession by complainant – Held: FIR filed to give civil dispute a crimin...
Criminal Law – Cheating and Criminal Breach of Trust – Distinct Transactions – Simultaneous Invocation of Sections 406 and 420 IPC Not Mutually Destructive – Petitioner challenged FIR and charge sheet alleging both cheating and criminal breach of trust – Contended that offences under Sections 406 and 420 IPC are mutually destructive when based on a single act – ...
Criminal Law – Quashing of Criminal Proceedings – Fraudulent Loan Disbursement – Complaint case based on FIR alleging misappropriation of ₹8 lakhs through fraudulent withdrawal by bank officials, including Branch Manager, Loan Manager, Deputy Manager, Head Cashier and Peon – Applicants sought quashing of proceedings under Section 482 CrPC, claiming lack of direct role and...