Criminal Law – Quashing of FIR – Appellants, members of a political party, sought quashing of FIR registered under Section 3(1) of the UP Gangsters & Anti-Social Activities (Prevention) Act, 1986 – FIR dated 30th April, 2023, based on a prior incident dated 10th October, 2022, wherein appellants were already booked under IPC Sections 147, 148, 149, 427, 307, 323, 504, 506 and...
Criminal Law – Quashing - Sections 420, 467, 468, 471, and 120B of the IPC - Forgery Allegations – Absence of Material Linking Accused to Document Creation – Quashing Allowed – Petitioner accused of forging landlord’s signature on settlement letter to regain possession of shop post-eviction – Held: No prima facie material showing petitioner authored or procured ...
Criminal Law – Matrimonial Cruelty and Misappropriation – Quashment of Proceedings – Petitioners accused under Sections 498A and 406 r/w Section 34 IPC for allegedly subjecting the de facto complainant (wife of accused No.1) to mental cruelty and misappropriating 63 sovereigns of gold ornaments – Allegations include making derogatory remarks about complainant's appearan...
Criminal Law – Quashing – Sanction for Prosecution – Non-Application of Mind – Sanction Order Quashed – Applicants, Axis Bank officials, were prosecuted based on a sanction order issued by a corporate executive without proper application of mind – Sanction extended to IPC offences not sought or within authority’s purview – Held: Sanction vitiat...
FIR Quashing - Section 420, 467, 468, 471 of the IPC – Allegation of Forged Vakalatnama – FIR Quashed – The appellant, an advocate, was accused of forging thumb impressions and signatures in court pleadings to benefit a co-accused in civil disputes – Respondent (Manuben), allegedly impersonated, filed affidavit confirming she and her late sister had lawfully authorized the ...
Criminal Law – Quashing Of Complaint – Section 482 of the Code of Criminal Procedure, 1973 - Property Dispute Among Co-owners – Complaint Quashed – Allegations of cheating, forgery, and conspiracy made by complainant against his co-owner relatives in relation to surrender of tenancy and execution of a memorandum of understanding—Court found dispute to be among family ...
Criminal Law - SC/ST Act – Quashing - Caste-Based Assault Allegation – Conviction Set Aside on Compromise – Trial Court convicted appellants under multiple IPC and SC/ST Act provisions—Allegation of caste abuse and assault over a local altercation—Held: Appellants and de facto complainant now residing in same village peacefully—Court accepted voluntary compromis...
Criminal Law – Quashing of Charges - Criminal Conspiracy – Framing of Charges – Lack of Evidence – Charges Quashed – Petitioners challenged framing of charges under Sections 120-B, 420, 468, and 471 IPC for alleged forgery of donation receipts – High Court found no prima facie evidence showing any dishonest intention or specific role attributed to petitioners &n...
Criminal Law - Juvenile Justice Act – Quashing - Applicability of Section 75 – Actual Charge or Control Requirement – Charge Quashed – The appellant, Chairman of the Managing Committee of a school, was summoned under Section 75 of the JJ Act for failure to install CCTV cameras as per Guidelines issued by the Directorate of Education following an incident of sexual assault o...
Criminal Law – Quashing - POCSO Conviction – Role of High Court under Article 226 r/w Section 482 CrPC – High Court Overreach – High Court’s setting aside of the conviction under the POCSO Act and IPC held unsustainable – Supreme Court observed that the High Court misapplied its inherent powers, as serious offences like those under the POCSO Act cannot be quashe...