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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Criminal Procedure – Quashing of Proceedings – Section 482 Cr.P.C. –High Court declined to quash the proceedings against the petitioner accused of offenses under IPC and Tamil Nadu Prohibition of Harassment of Women Act, 2002. [Para 1, 6]
Allegations of Illegal Relationship and Assault – Involvement of Petitioner – The petitioner was accused of being in a...
Criminal Law – Section 153-A IPC – Quashing of FIR - Background and Allegations – FIR registered against appellant, a professor, for promoting enmity under Section 153-A IPC based on his WhatsApp status about Jammu & Kashmir and Pakistan Independence Day – High Court dismissed writ petition to quash FIR. [Paras 1-2]
High Court Judgment – Upheld FIR fo...
Criminal Procedure Code – Quashing of Proceedings U/S 138 NI Act – Section 482 CrPC – The High Court of Delhi, in exercising its inherent powers under Section 482 of the Criminal Procedure Code, quashed the summoning order against the petitioner in a case pertaining to a cheque bounce under Section 138 of the Negotiable Instruments Act. The court scrutinized the involvement of th...
Quashing of FIR for Rape on False Promise to Marry - FIR and subsequent proceedings under Sections 376(2)(n) and 506 IPC were quashed due to inconsistencies and improbabilities in the complainant's allegations, demonstrating that the relationship was consensual and not based on a false promise to marry - Discrepancies noted between FIR, complainant's statement under Section 164 Cr.P....
Criminal Law – Quashing of FIR – Sexual Offence – Allegation of Rape Under False Promise to Marry – High Court's Dismissal of Quashing FIR Challenged – Appellant contends FIR is an abuse of process, highlighting discrepancies in complainant's statements and her prior marital status - FIR based on complainant's claim of being raped under false promise to ma...
Quashing of FIR – Application under section 482 Cr.P.C. for quashment of FIR – FIR lodged by the wife against the husband and other family members for offences under sections 498-A, 506, 34 of IPC read with section 3/4 of the Dowry Prohibition Act – Allegations of harassment for dowry and mental cruelty – Applicants sought quashment of FIR on grounds of vague and gene...
Criminal Procedure – Quashing of Proceedings – The petitioner sought to quash the final report in C.C.No.435 of 2019 concerning alleged offenses under IPC sections 420, 423, 465, 468, 471 read with 120(b). The petitioner, a Sub Registrar, was accused of conspiring in the registration of a fraudulent settlement deed. [Para 1, 2]
Duties of Registering Officers – Analysis of Sect...
Criminal Law – Quashing - Preventive Detention – Challenge to Detention Order – validity of a detention order issued under the Maharashtra Prevention of Dangerous Activities Act (MPDA Act) against the petitioner, Nilesh Sunil Pendulkar. The order was challenged on several grounds, including delay in issuance, non-consideration of bail orders, and violation of constitutional right...
Criminal Law – Quashing of Complaint – Section 202 of Cr.PC – The Supreme Court considered whether the summoning order in a criminal complaint could be upheld when the accused resided outside the territorial jurisdiction of the Magistrate without adherence to Section 202 of the Cr.PC. The Court delved into the procedural aspects of issuing a summoning order and the mandatory requ...