Criminal Law – Religious Conversion – Quashing of FIR – Allegations of mass religious conversions of over 100 persons across 37 Hindu families to Islam through allurement, foreign funding, promises of jobs and housing – FIR registered under multiple sections of IPC, Gujarat Freedom of Religion Act, IT Act and SC/ST Act – Petitioners argued that conversions were volunt...
Criminal Law – Section 498A IPC – Quashing of Proceedings – Absence of Statutory Ingredients – Held: FIR and charge sheet alleged non-cohabitation and emotional neglect after marriage – No allegation of conduct likely to cause suicide or grave injury – No harassment for unlawful demand made out – Allegations insufficient to constitute cruelty under either ...
Criminal Law – Quashing of FIR – Scope of Section 482 CrPC – Principles reiterated from Bhajan Lal case – FIRs and charge-sheets cannot be quashed merely on allegations of mala fides if prima facie material discloses cognizable offence – Mala fides of complainant irrelevant when ingredients of offence exist – High Court rightly observed its jurisdiction under Se...
Criminal Law – Right to Speedy Trial – Article 21 – Unexplained and inordinate delay of over 25 years in completing investigation and commencing trial – Held: Such delay violates the fundamental right to speedy investigation and trial guaranteed under Article 21 – Proceedings pending for decades without sanction or progress amount to abuse of process – Continuat...
Criminal Procedure Code – Section 482 – Inherent Powers – Quashing of FIR – Territorial Jurisdiction – Abuse of Process – Marriage between parties solemnized in India but matrimonial life and alleged offences occurred in Canada—FIR lodged in India by complainant’s father, a Canadian resident and retired police officer, alleging dowry misappropriation...
Criminal Law – Sanction for Prosecution – Section 197 CrPC – PC Act Ss. 13(1)(c), 13(2) – IPC Ss. 409, 468, 471 – Allegation that petitioner misused official position as Secretary, TN Legislative Assembly, and claimed travel allowance for private visit – Petitioner obtained Speaker’s permission and undertook travel; no records of meeting with Secretary Gen...
Criminal Law – Cheating and Criminal Breach of Trust – Civil Dispute vs. Criminal Offence – Allegation that appellants failed to execute sale deed or refund consideration under agreement for sale – FIR registered under Sections 406 and 420 IPC – Held: Mere breach of contract or failure to return advance money does not constitute cheating or criminal breach of trust un...
Quashing of Summoning Order – Delay in Complaint – Vague Allegations – Criminal Proceedings Quashed – Supreme Court quashed proceedings initiated under a private complaint after finding four-year delay in lodging FIR for alleged 2010 incident – Allegations of rape and caste abuse were held to be vague, inconsistent, and unsupported by material evidence – Summoni...
Criminal Law – Quashing of FIR – Section 498-A IPC – Dowry Harassment – Vague and General Allegations – FIR filed by complainant alleging dowry demands and mental cruelty by in-laws – Specific demand mentioned only once in complaint; other allegations vague and lacking particulars – Held: Allegations in FIR did not disclose essential ingredients of cruelty...
Criminal Law – PMLA – Quashing at Pre-Trial Stage – Alternate Remedy – ECIR did not name appellants and CBI dropped them in supplementary report – ED complaint rests on alleged withdrawal of attached sums (post-PAO) linked to an identified quantum ₹33,80,87,617/- claimed as proceeds of crime – Held: With statutory appeals under Section 26 PMLA pending and PMLA...