Criminal Law – Quashing - Dowry Harassment – Quashing of Proceedings – Abuse of Process – FIR Quashed – Allegations against husband’s relatives found to be general, omnibus and lacking specific details – Appellants resided separately and had minimal contact with complainant – No mention of dates, acts of cruelty or evidence – Held: Criminal pro...
Criminal Law – Quashing of FIR – Alleged Inflammatory Social Media Message – Communal Harmony – FIR registered under Sections 299 and 353(3) BNS alleging that petitioner circulated an inflammatory WhatsApp message after arrest of his brother under the Unlawful Conversion of Religion Act, 2021 – Petitioner contended that the message merely expressed resentment over bro...
Criminal Law – Quashing of FIR under Sections 498A, 406, 420, 506(2), 114 IPC and Sections 3, 7 of the Dowry Prohibition Act – High Court quashed the FIR and all consequential proceedings against the accused (father-in-law and mother-in-law) under Section 482 CrPC – The complainant filed a case alleging harassment after marriage, but the Court found the allegations to be general ...
Criminal Law – Quashing of Prosecution – Abuse of Process – Arms Licence Scam Allegation – Appellant, an IAS officer and District Magistrate-cum-Licensing Authority, Saharsa, accused of issuing arms licences without due verification – Chargesheet filed after 15 years of FIR, despite earlier closure report finding allegations against him to be false – Sanction un...
NI Act, S.138(b) — Notice must demand the very cheque amount — Any variance renders notice invalid — Typographical error no defence — Complaint rightly quashed — Appeals dismissed
Negotiable Instruments — Section 138(b) — Meaning of “said amount of money” — Notice must demand the cheque amount and none other — Demand for a figure...
Criminal Law – Quashing of FIR – Allegations of Cheating and Forgery in Judicial Process – Petitioner accused of filing a writ petition using complainant’s name and forged signature to obtain favourable court orders – Judicial enquiry held by Registrar revealed lapses by petitioner’s advocate, advocate’s clerk, and oath commissioners in verifying documents...
Criminal Law – Rape – Promise to Marry – Consensual Relationship – False Allegation – Quashing of FIR – Petitioner Advocate accused of rape under false promise of marriage by a married woman who was also his client – FIR and statement under Section 164 CrPC lacked specific dates or particulars of inducement – Relationship continued for over one year ...
Criminal Law – Quashing of Criminal Proceedings – Cognizance under Section 186 IPC – Magistrate cannot take cognizance for offence under Section 186 IPC except upon a written complaint by the public servant concerned or their administrative superior as mandated by Section 195(1)(a) CrPC – Police report filed by Sub-Inspector in absence of such complaint cannot be treated as...
Cyber Fraud – Quashing on Basis of Compromise – Inherent Powers under S.528 BNSS – Held, offences involving cyber fraud cause systemic public detriment and cannot ordinarily be quashed on private settlements – Compromise driven by restitution cannot dilute gravity of digital-financial crimes – Case found to be cyber fraud simpliciter, not mere private pecuniary disput...
Criminal Law – Quashing - Cheating – Specific Performance Transaction – Dishonest Intention at Inception – Quash Rejected – Respondent No.3 alleged payment of ₹14 crores to petitioner for purchase of Jubilee Hills property based on representation that original owner would execute sale deed in her favour – Petitioner instead got property registered in name of h...