Negotiable Instruments – Dishonour of Cheque – Complaint by Struck-off Company – Proceedings Quashed – Complaints under Section 138 of the NI Act filed in 2020 by Raghav Aditya Chits Pvt. Ltd. after the company had already been dissolved on 08.08.2018 under Section 248(5) of the Companies Act – Court held that once a company stands struck off and dissolved, it ceases ...
Criminal Law – Quashing of FIR – Abuse of Process – Petitioners and complainant were co-owners in civil dispute over shared property – Allegations of criminal trespass and outraging modesty found unsubstantiated – No material on record to indicate intention to outrage modesty or exclusive possession by complainant – Held: FIR filed to give civil dispute a crimin...
Criminal Law – Section 306 IPC – Quashing of FIR – Allegations of abetment to suicide against the appellant who was in a relationship with the deceased and allegedly refused to marry her – FIR filed by deceased’s mother alleged mental and physical exploitation and instigation by the appellant – Supplementary statement introduced additional claims not present in ...
Criminal Law – Cheating and Criminal Breach of Trust – Distinct Transactions – Simultaneous Invocation of Sections 406 and 420 IPC Not Mutually Destructive – Petitioner challenged FIR and charge sheet alleging both cheating and criminal breach of trust – Contended that offences under Sections 406 and 420 IPC are mutually destructive when based on a single act – ...
Criminal Law – Quashing of Criminal Proceedings – Fraudulent Loan Disbursement – Complaint case based on FIR alleging misappropriation of ₹8 lakhs through fraudulent withdrawal by bank officials, including Branch Manager, Loan Manager, Deputy Manager, Head Cashier and Peon – Applicants sought quashing of proceedings under Section 482 CrPC, claiming lack of direct role and...
Criminal Law – Land Dispute – Quashing of FIR – Petitioners accused of creating false documents and threatening complainant regarding land in Survey No. 956 – Petitioners relied on registered sale deeds from 2015 and asserted possession – Civil suits concerning title and possession already pending between parties – Held: Continuation of criminal proceedings in a...
Criminal Law – Framing of Charge – Prima Facie Case – Land Fraud Allegation – Petitioners accused of securing illegal allotment of plot by suppressing material facts regarding existing allotment in husband’s name – Trial court refused discharge holding prima facie evidence existed – Held: At framing of charge, court need only examine whether allegations ta...
Criminal Law – Cheating & Breach of Trust – Settlement through MOU – Complainant alleged misuse of signatures and cheating of ₹4 crores – FIR 355/2008 registered – During investigation, parties entered into MOU (14.06.2008) where petitioners paid ₹5 crores in full and final settlement, both agreed to withdraw civil/criminal cases – Once complainant accep...
Criminal Law – Rape – Quashing on Settlement – Gang Rape and Abduction – Petitioners accused of abducting and repeatedly raping the de facto complainant under threat and confinement – Despite affidavit of compromise by victim, High Court refused to quash proceedings – Held: Offences of rape, especially gang rape, are crimes against society, not merely private wr...
Criminal Law – Quashing of Proceedings of NDPS – Section 482 CrPC – Accused Named Only in Co-accused Statement – No Recovery – Delay of 14 Years – Proceedings Quashed – Petitioner implicated in Jalangi P.S. Case No.308/2010 based solely on confession of co-accused; no recovery made from him, no evidence collected despite warrant issued in 2010 – Poli...