Criminal Procedure – Quashing of FIR – FIR registered under Sections 306 and 114 IPC for abetment of suicide quashed – Court observed that mere involvement in an extramarital affair does not constitute abetment of suicide – Allegations must show clear instigation or a direct role leading to the suicide – Absence of mens rea and direct act by the accused to instigate t...
Criminal Law – Quashing of Summoning Order – Distinction between Civil and Criminal Proceedings – Held – Summoning order under Section 406 IPC by the Magistrate was quashed by the Supreme Court – No prima facie case of criminal breach of trust established against the appellants – Supreme Court emphasized that mere non-payment of dues arising from a commercial tr...
Criminal Law – Quashing of Criminal Proceedings under IPC and Prevention of Corruption Act – Supreme Court remands matter to Division Bench of High Court – Challenge against Single Judge's decision quashing criminal proceedings arising from IPO fraud in Yes Bank and IDFC shares – CBI contends settlement with SEBI does not absolve criminal liability – Supreme Court...
Negotiable Instruments Act, 1881 – Section 138 and 141 – Quashing of Summons – Liability of Directors – Non-Executive and Independent Directors – Petitioners sought quashing of summoning orders issued under Section 138/141 NI Act, claiming they were Non-Executive and Independent Directors with no role in day-to-day management – High Court reiterated that vicario...
Criminal Law – Quashing of Proceedings under Sections 143, 147, 148, 149, 341, 324, 294(b), 506(ii), 323, and 447 IPC – Validity of Cognizance Without Considering Refer Report – Kerala High Court Directions for Reconsideration – The High Court quashed the cognizance orders of the Judicial First-Class Magistrate Court in cases arising from protest complaints after the police...
Criminal Law – Abetment to Suicide – Petition for quashing FIR for abetment to suicide under Section 306 IPC. Petitioner accused of harassing and blackmailing the deceased, leading to his suicide. Suicide note recovered implicating the petitioner. Held, mere demand for repayment of a loan does not amount to abetment, but combined with harassment, blackmail, and threats, it can compel a...
Criminal Law – Quashing of FIR – Consensual Relationship
Applicant sought quashing of FIR alleging rape and cheating, contending the relationship was consensual and lasted over 31 years – Complainant delayed filing FIR until Applicant ceased contact – High Court found no element of force, noting complainant’s continued association with Applicant and lack of prior c...
Quashing of Criminal Proceedings – Validity of Charges – Petitioners challenged the charge-sheet and criminal proceedings initiated under the Prohibition of Child Marriage Act and POCSO Act – Evidence presented indicated the victim was of legal age at the time of marriage – FIR alleged child marriage based on hearsay without verifying facts – Continuation of proceedin...
Quashing of Criminal Proceedings – Defective Vehicle – Compensation in Lieu of Replacement – The High Court quashed the FIR against the respondents for alleged cheating in the sale of a defective BMW car, but directed the replacement of the vehicle with a new one. The Supreme Court, noting the prolonged nature of the dispute and the manufacturer’s compliance willingness, di...
Criminal Law – Quashing of Proceedings – Petition to quash criminal proceedings against the petitioner who was accused of quid pro quo investments and receiving undue benefits from government projects – The High Court dismissed the petition, emphasizing the limited scope of Section 482 CrPC and the need for trial to determine the factual disputes and criminal liability [Paras 1-6...