Criminal Law – Quashing of FIR - Criminal Conspiracy and Forgery – Role of Professional Valuer – FIR Quashed – Petitioner, an empanelled bank valuer, was accused of preparing false valuation reports without physically inspecting properties – Court held petitioner relied on representations made by bank officer and submitted a valuation opinion, not a forged document &n...
Criminal Law – Quashing of FIR - Criminal Proceedings in Matrimonial Disputes – General Omnibus Allegations – Proceedings Quashed in Part – Supreme Court precedents reiterated that vague, sweeping allegations lacking specifics against distant relatives cannot sustain criminal charges – FIR and charge sheet quashed against Petitioner No.4 (a distant relative) for lack ...
Criminal Law - Discharge Petition – Absence of FIR Mention Not Ground to Discharge – Petition Dismissed – Petitioner sought discharge citing non-mention of name in FIR and acquittal of co-accused in original trial – Court held that FIR is not an encyclopedia and acquittal of co-accused irrelevant as evidence was not recorded in presence of present petitioner – Charge ...
Criminal Law – Quashing of Cognizance - Custodial Violence Allegation – Police Officers Summoned – Cognizance Quashed - Petitioners, senior police officers, challenged summoning order in a complaint case alleging police excess during a bandh protest in 2014 – Held: Proceedings initiated after an unexplained delay of 10 years, during Model Code of Conduct, are manifestly mal...
Criminal Law – Quashing - Domain Name Dispute – Criminal Charges Quashed – Civil Dispute Mischaracterized – The petitioner was accused of impersonating the Chancellor of Alliance University and fraudulently attempting to take control of the university’s domain name – Held: Allegations arise from civil dispute over institutional control post-termination – E...
Criminal Law - Quashing of Criminal Proceedings – Section 9, 10, 11, 12 & 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 - Lack of Prima Facie Evidence – Case based on CDRs and Transcripts – Quashing Allowed - The petitioners challenged the FIR, charge sheet, and summoning order alleging conspiracy and illegal gratification to obtain a loan from Sy...
Criminal Law – Quashing - Breach of Contract vs. Cheating – Civil Dispute Camouflaged as Criminal – FIR and Chargesheet Quashed - Dispute arising from an oral agreement for sale of property held to be purely civil in nature – Allegations did not disclose fraudulent intent at inception or essential ingredients of Sections 420 or 406 IPC – Supreme Court quashed FIR and ...
Criminal Law – Quashing Of FIR - NDPS Act – Absence of Contraband in Forensic Report – FIR Quashed – Petition Allowed - Petitioners were booked under Sections 8/22 & 29 NDPS Act for alleged possession of 3.376 kg of Mephedrone (MD) – FSL reports (both initial and control sample recheck) confirmed the seized substance was a neutral material and did not contain any ...
Criminal Law – Quashing - Disproportionate Assets – Mere Relationship with Principal Accused – No Abetment Made Out – Proceedings Quashed - Petitioner, wife of the principal accused, was arrayed as abettor under Section 109 IPC based on ownership of some assets – Court held that mere spousal relationship or name-lending without evidence of active role or mens rea is n...
Criminal L:aw – Quashing - Negotiable Instruments Act – Director’s Vicarious Liability – Section 141 N.I. Act – Complaint Quashed – Petitioner was arrayed as an accused being one of the directors of the company – Allegations in the complaint only made general averments against the petitioner, whereas specific role and responsibility of managing day-to-day ...