Criminal Law - Quashing of Criminal Proceedings – Section 482, Code of Criminal Procedure, 1973 - Allegations under IPC and SC/ST Act – Quashing Partially Allowed – The applicants sought to quash the FIR and proceedings initiated under sections of IPC and the SC/ST Act arising out of alleged cruelty and caste-based abuse following an inter-caste marriage – The Court observe...
Criminal Law - Quashing – Declaration as Proclaimed Person – Procedural Lapses – Petition Allowed – The petitioners challenged their declaration as proclaimed persons under Section 82 Cr.P.C. without proper compliance – Held: The trial court failed to record satisfaction or reasons indicating belief that the petitioners were absconding or concealing themselves –...
Criminal Complaint – Quashing under Section 482 Cr.P.C. – Petitioners challenged the summoning order by the Trial Court, claiming lack of essential ingredients of the alleged offences – Cited Supreme Court precedents on the necessity of reasoned orders for summoning – Court observed complaint lacked specific allegations and appeared motivated by personal vendetta – Co...
Criminal Law - Quashing of Criminal Proceedings – Abuse of Process – Sections 186, 353 IPC – Proceedings Quashed – Appellants, associated with anti-trafficking NGO, were charged with obstructing public servants during a rescue operation at a brick kiln – Held: Uncontroverted allegations did not disclose use of force or mens rea required under Sections 186 or 353 IPC &...
Company Law – Criminal Complaint – Vicarious Liability Absent – Summons Quashed – Petitioners challenged prosecution under Section 147(2) of the Companies Act for failure to display company name and address as per statutory requirement – Held: Directors not holding office at the time of alleged default cannot be held liable – Complaint lacked specific averments ...
Criminal Law – Quashing - Matrimonial Disputes – Abuse of Process – Quashing of Criminal Proceedings – Petition Dismissed – Allegations of dowry harassment and physical assault made by wife were contradicted by her own statements and affidavit filed in related matrimonial proceedings – High Court rightly quashed the proceedings under Section 482 CrPC as an abuse...
Criminal Law – Quashing of FIR – Commercial Dispute – FIR Quashed – Appellant, a Sri Lanka-based importer, was accused by an Indian seller of cheating and criminal breach of trust for non-payment of ₹34.71 lakhs for sarees exported through a third-party exporter (M/s Oswal Overseas) – Supreme Court held that the transaction was a commercial one with no direct entrus...
Criminal Procedure Code – Quashing of FIR – Exercise of Power under Section 482 Cr.P.C. – FIR challenged relating to contract between parties and alleged suppression of restrictive covenant – Held: Allegations, even taken at face value, disclose purely civil dispute regarding payment of money and not criminal offence – No dishonest intention at inception shown –...
Discharge Application – Absence of Sanction – Cognizance Invalid – Prosecution Barred – Petitioner, a retired official, was prosecuted without obtaining sanction under Section 197 CrPC for IPC offences – Court held cognizance taken without required sanction is procedurally defective and unsustainable – Impugned order rejecting discharge application set aside [Pa...
Criminal Law - Section 319 CrPC – Scope and Threshold – Prima-facie Evidence – Invocation Justified – Appellant challenged High Court's quashing of Trial Court order summoning Respondent No. 2 based on direct eyewitness testimony during trial – Held: Once sworn evidence implicates an individual not initially arraigned, and such evidence is stronger than mere sus...