Criminal Law – Quashing of Criminal Proceedings – Cognizance under Section 186 IPC – Magistrate cannot take cognizance for offence under Section 186 IPC except upon a written complaint by the public servant concerned or their administrative superior as mandated by Section 195(1)(a) CrPC – Police report filed by Sub-Inspector in absence of such complaint cannot be treated as...
Cyber Fraud – Quashing on Basis of Compromise – Inherent Powers under S.528 BNSS – Held, offences involving cyber fraud cause systemic public detriment and cannot ordinarily be quashed on private settlements – Compromise driven by restitution cannot dilute gravity of digital-financial crimes – Case found to be cyber fraud simpliciter, not mere private pecuniary disput...
Criminal Law – Quashing - Cheating – Specific Performance Transaction – Dishonest Intention at Inception – Quash Rejected – Respondent No.3 alleged payment of ₹14 crores to petitioner for purchase of Jubilee Hills property based on representation that original owner would execute sale deed in her favour – Petitioner instead got property registered in name of h...
Criminal Procedure – Cognizance and Summons – Validity – Cognizance taken by trial court on police report against former Chief Minister and others under IPC and POCSO Act – Earlier cognizance order quashed due to lack of reasons – Trial court re-applied mind and passed fresh detailed order – Held: Procedure followed by trial court is in accordance with law &ndas...
Criminal Law – Quashing of Process – Extortion and Obscenity – Petitioners challenged the issuance of process under Sections 384 and 294 IPC – Magistrate had issued process after ordering a police inquiry under Section 202 CrPC – Revisional Court upheld the order – High Court held that the complaint did not establish essential ingredients of extortion such as in...
Criminal Law – Quashing of FIR on basis of settlement – Section 482 CrPC – Property dispute involving allegations under Sections 406, 420, 465, 467, 468, 471, 120B, 294(b) and 506(2) IPC – High Court dismissed application under Section 482 CrPC seeking quashing of FIR registered at Halol Town Police Station, District Panchmahal – During pendency of SLP, parties entere...
False Promise to Marry – Quashing – Long-term Consensual Relationship – No Evidence of Deceitful Intention at Inception – Section 69 BNS Not Attracted – Criminal Intimidation Under Section 351(2) BNS Not Made Out – Criminal Law Not a Tool for Private Relationship Fallouts – Proceedings Quashed [Paras 8–17].
False Promise to Marry – Section 6...
Criminal Law – Assault on Child – Section 323 IPC – Conviction Upheld – Section 8(2) Goa Children’s Act – Set Aside – Evidence of PW1 (injured child) found wholly reliable – Ocular testimony consistent and unshaken – Medical certificate not proved but ocular evidence given primacy – Incident held isolated and lacking ingredients of &ldquo...
Criminal Law – Quashing of Summoning Order – Cheating – Criminal Breach of Trust – Petitioners, who are close relatives of Complainant, alleged to have misused powers of attorney given in UAE to fraudulently transfer assets and siphon company funds – Petitioners challenged summoning order on grounds of lack of evidence and territorial jurisdiction – Held: Allega...
Criminal Writ – Quashing - Organised Crime – KCOCA Invocation – Prior Approval – Improper Invocation – Petitioner, accused No.12, was in police custody at the time of the alleged incident of conspiracy to commit dacoity – Inclusion of KCOCA against accused based solely on co-accused’s voluntary statement without independent corroboration – Held: No m...