Marital Discord and Subsequent Legal Proceedings – Application for quashing FIR No. 96 of 2023 under Sections 269, 498-A, 34 IPC, and subsequent charge-sheet and RCC No. 1670 of 2023 – Accusations against husband (applicant no. 1) and his father (applicant no. 2) by the wife (respondent no. 2) for deceit regarding a contagious disease and harassment for dowry [Paras 2, 3, 4, ...
Quashing of FIR and Charge-sheet – Criminal Appeal by A.M. Mohan against High Court order rejecting his petition to quash FIR for cheating – FIR lodged for offenses under Section 420 read with Section 34 IPC involving financial transactions and real estate deals – Supreme Court finds no role of inducement or dishonest intention attributed to appellant in FIR or charge-sheet &ndas...
Application under Section 482 of Cr.P.C. for quashing order taking cognizance of offences under Sections 420, 409, 467, 120-B IPC - Background involves dispute in Society's management and allegations of embezzlement and forgery [Para 3].
Allegations of misappropriation of Society's funds amounting to Rs. 2,23,49,679/- and misuse of authority in managing Society's bank accounts and a...
Criminal Law – Freedom of Speech and Expression – Obscenity and Decency – In an appeal challenging the FIR registered for alleged obscene content in a web-series, the Supreme Court delved into the nuances of Sections 67 and 67A of the IT Act. The Court examined whether the use of profane language in the web-series constituted obscenity or sexually explicit content warranting pros...
Amendment of Complaint – Prohibition in Criminal Procedure – Held, amendments in criminal complaints, particularly regarding substantial aspects like cheque dates, are not permissible under the Criminal Procedure Code. Cites absence of provisions allowing such amendments. [Para 8-14]
Typographical Error in Complaint – Not a Simple Infirmity – Examines the distinction bet...
Criminal Procedure Code, 1973 – Section 482 – Quashing of Proceedings – High Court considered the application for quashing the criminal proceedings against the applicants under Sections 153 and 506 of the Indian Penal Code. The applicants were accused of raising objectionable slogans and threatening people in a religious gathering. [Para 2, 3, 13]
Allegations and Inv...
Criminal Law – Quashing of Proceedings – Jurisdiction and Legal Procedures – The Allahabad High Court addressed the legality of police action and judicial cognizance in a case involving election-related offences under Sections 171 H and 188 of the Indian Penal Code. The court scrutinized the jurisdictional aspects of FIR registration, charge sheet preparation, and the magistrate&...
Criminal Procedure – Quashing of FIR – Section 482 Cr.P.C. – Court considered a petition under Section 482 of the Cr.P.C. for quashing FIR No. 38 dated 01.07.2022 under Sections 420 & 120-B of IPC, alleging cheating and criminal conspiracy, linked to a breach of a marital agreement. The Court scrutinized the details of the agreement and the FIR to determine the nature of the ...
Bigamy and Cheating Allegations – Proceedings against Petitioners for participation in second marriage ceremony of accused – Section 494 IPC applicable only to individuals who marry during the subsistence of their first marriage – Participation in ceremony alone does not attract Section 494 IPC liability [Paras 2-5, 7-10].
Application of Section 494 IPC – Pertains solely...
Criminal Procedure – Abuse of Process – Quashing of FIR – The Supreme Court overturned the decision of the Karnataka High Court, quashing the FIR against the appellants in a dispute initially labeled as criminal but essentially of a civil nature. The court emphasized the importance of distinguishing between criminal intent and mere breach of contract. [Para 2, 4, 8]
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