Quashing of Conviction – Criminal Appeal against High Court order confirming the conviction of the appellants under Section 302 read with Section 34 IPC – Appellants convicted for the murder of the deceased – Prosecution case based on eyewitness accounts of closely related witnesses – Witnesses allegedly tutored by police a day before recording evidence – Material con...
Criminal Law – Marital Disputes – Settlement and Conviction: The Supreme Court held that the conviction under Section 498-A IPC should be quashed in light of the settlement between the appellant and his wife, who have resolved their disputes and are now living together harmoniously. The High Court erred in not setting aside the conviction despite acknowledging the settlement. Appeal al...
Contract Law – Claim for Interest on Delayed Payment – Bonds issued by defendant SIDBI were transferred to plaintiff SIBCO during "suspect spell" – RBI directives and ongoing liquidation proceedings against CRB Capital influenced withholding of payment – Plaintiff accepted principal and accrued interest without protest, later demanded additional interest for delay...
Quashing of FIR for Rape on False Promise to Marry - FIR and subsequent proceedings under Sections 376(2)(n) and 506 IPC were quashed due to inconsistencies and improbabilities in the complainant's allegations, demonstrating that the relationship was consensual and not based on a false promise to marry - Discrepancies noted between FIR, complainant's statement under Section 164 Cr.P....
Criminal Law – Quashing of Proceedings – Appellants accused of purchasing property alleged to have been attached due to prior financial misconduct by co-accused – Main allegations against co-accused for misappropriation in 1998-1999 – Appellants bona fide purchasers in 2019, with no registered attachment at purchase time – No prima facie case established against appel...
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 – Conviction – Eyewitness Testimonies – Appellant convicted under Sections 148 and 302/149 IPC – Prosecution's case based on testimonies of PW-1 and PW-2 – Material contradictions and improvements in testimonies – Cross-examination revealed inconsistencies and doubts about presence at the scene – Conviction cannot be sustained on such doub...
Allegations of Sexual Assault and Subsequent Marriage – FIR against Maksood Ahmad alleging sexual assault under Section 376 IPC – Later marriage between the accused and the prosecutrix post FIR registration and religious conversion of the prosecutrix - Scrutiny of the marriage's validity and motives behind conversion and marriage. [Paras 1-3, 5, 60-62, 64-70, 112]
Lega...
FIR Quashing – Criminal Procedure Code, 1973 (CrPC) – Section 482 – Petition seeking quashing of FIR No. 171/2023 under IPC Sections 417/419/468/471/120B – Allegations of creating fake email and impersonation for filing false complaints – Petition dismissed, FIR not quashed. [Para 1, 27]
Complaints Against Government Officer – Alleged conspiracy and...
Criminal Procedure – Abuse of Process – Quashing of FIR – The Supreme Court overturned the decision of the Karnataka High Court, quashing the FIR against the appellants in a dispute initially labeled as criminal but essentially of a civil nature. The court emphasized the importance of distinguishing between criminal intent and mere breach of contract. [Para 2, 4, 8]
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