Criminal Law – Rape – Quashing of FIR – Consent and promise of marriage – Complainant alleged that the appellant had physical relations with her on false promise of marriage – Appellant contended that the FIR was filed only after he initiated administrative complaints against the complainant for harassment, including suicide threats and workplace misconduct – Su...
Criminal Law – Quashing of Proceedings – Section 482 CrPC – Abuse of Process – Appellants sought quashing of criminal case alleging bigamy, dowry harassment, and conspiracy – Allegations vague and delayed – No specific role attributed to accused other than husband – High Court refused to quash, holding charges can be contested at framing stage – Held...
Criminal Law – Drugs and Cosmetics Act – Quashing of FIR – FIR registered by police under Section 13 of the D&C Act pursuant to Magistrate’s order under Section 156(3) Cr.P.C. – Held: Only authorities specified under Section 32 of D&C Act (Drug Inspector etc.) can initiate prosecution – Police has no jurisdiction to register FIR – FIR under D&C...
Criminal Law – Quashing of FIR - Prevention of Corruption – Bribery Allegations – Complaint alleged offer of ₹2 crores and later ₹5 crores to MLA to abstain or vote in MLC elections – FIR registered belatedly on 31.05.2015 based on audio-video recordings of sting operation – Allegations against A4 vague and unconnected to subsequent alleged transaction – A4 ...
Criminal Law – Quashing – Section 482 CrPC – Scope – Petitioners sought quashing of proceedings in C.C. No. 17248/2019 alleging false implication based on fabricated agreement – Court reiterated inherent powers under Section 482 must be exercised sparingly in rare cases to prevent abuse or secure ends of justice – When disputed facts exist, particularly genuinen...
Criminal Law – Rape Allegation – Delay in Complaint – Summoning Order Quashed – Private complaint filed in 2014 alleging rape and caste atrocity based on incidents from 2010 – Cognizance taken under Section 376 IPC after magisterial inquiry – Appellant alleged consensual relationship and misuse of legal process – Held: Four-year unexplained delay, lack of ...
Criminal Law – Quashing of FIR – Section 528 BNSS (corresponding to Section 482 CrPC) – FIR alleging rape on pretext of marriage filed by complainant after she was issued a show cause notice by her employer pursuant to the appellant’s complaint – Appellant and complainant were colleagues for five years and were in a consensual relationship – FIR filed four month...
Criminal Procedure – Quashing of FIR – Scope and Limits of Judicial Interference – Complaint against a former Chief Minister alleging disproportionate assets – FIR quashed by High Court on grounds of political vendetta and mala fides – Supreme Court reverses High Court decision – Holds that FIR disclosed commission of cognizable offence and warranted investigati...
Capsule – Section 498A IPC/Dowry Act – Omnibus allegations – Bhajan Lal applied – FIR vague, lacking specifics – Criminal proceedings quashed against brother-in-law – Parties free to pursue other remedies.
Section 498A IPC/Dowry Act – Quashing – Omnibus allegations – Allegations in FIR against brother-in-law vague and lacking time, place, or...
Section 482 Cr.P.C. – Quashing – Bhajan Lal applied – Civil loan/cheque dispute dressed up as cheating/forgery – Multiple retaliatory FIRs – Proceedings quashed – Parties relegated to civil remedies.
Section 482 Cr.P.C. – Quashing – Bhajan Lal principles – Civil dispute given criminal colour – Proceedings Quashed – Allegations pe...