Matrimonial Acrimony a Strong Motive for False Implication: Punjab & Haryana High Court Refuses State's Appeal in POCSO Acquittal Conviction Cannot Rest on Presumptions and Hearsay: Rajasthan High Court Acquits Man Accused of Murder Based on Circumstantial Evidence and Revenge Theory A Decree Based on No Pre-existing Right and Procured Through an Impostor is Void and Unenforceable: P&H HC No Insurance Cover, No 'Pay and Recover': Madras High Court Exonerates Insurer from Liability Due to Bounced Premium Cheque Licence That Is Void Ab Initio Cannot Be Protected by Due Process: Calcutta High Court Upholds Licensing Authority’s Inherent Power to Revoke Fair Price Shop Licence Unless Fraudulent Misrepresentation Is Shown, Writ Jurisdiction Cannot Be Invoked Against Alleged Unauthorized Constructions: Andhra Pradesh High Court Dismisses Pleas Seeking Demolition Delay in Lodging FIR is Fatal Where Police Reached the Crime Scene Same Night: Allahabad High Court Acquits Murder Accused After 38 Years

"QUASHING" Digest

Criminal Procedure – Cognizance and Summons – Validity – Cognizance taken by trial court on police report against former Chief Minister and others under IPC and POCSO Act – Earlier cognizance order quashed due to lack of reasons – Trial court re-applied mind and passed fresh detailed order – Held: Procedure followed by trial court is in accordance with law &ndas...

Criminal Law – Quashing of Process – Extortion and Obscenity – Petitioners challenged the issuance of process under Sections 384 and 294 IPC – Magistrate had issued process after ordering a police inquiry under Section 202 CrPC – Revisional Court upheld the order – High Court held that the complaint did not establish essential ingredients of extortion such as in...

Criminal Law – Quashing of FIR on basis of settlement – Section 482 CrPC – Property dispute involving allegations under Sections 406, 420, 465, 467, 468, 471, 120B, 294(b) and 506(2) IPC – High Court dismissed application under Section 482 CrPC seeking quashing of FIR registered at Halol Town Police Station, District Panchmahal – During pendency of SLP, parties entere...

False Promise to Marry – Quashing – Long-term Consensual Relationship – No Evidence of Deceitful Intention at Inception – Section 69 BNS Not Attracted – Criminal Intimidation Under Section 351(2) BNS Not Made Out – Criminal Law Not a Tool for Private Relationship Fallouts – Proceedings Quashed [Paras 8–17]. False Promise to Marry – Section 6...

Criminal Law – Assault on Child – Section 323 IPC – Conviction Upheld – Section 8(2) Goa Children’s Act – Set Aside – Evidence of PW1 (injured child) found wholly reliable – Ocular testimony consistent and unshaken – Medical certificate not proved but ocular evidence given primacy – Incident held isolated and lacking ingredients of &ldquo...

Criminal Law – Quashing of Summoning Order – Cheating – Criminal Breach of Trust – Petitioners, who are close relatives of Complainant, alleged to have misused powers of attorney given in UAE to fraudulently transfer assets and siphon company funds – Petitioners challenged summoning order on grounds of lack of evidence and territorial jurisdiction – Held: Allega...

Criminal Writ – Quashing - Organised Crime – KCOCA Invocation – Prior Approval – Improper Invocation – Petitioner, accused No.12, was in police custody at the time of the alleged incident of conspiracy to commit dacoity – Inclusion of KCOCA against accused based solely on co-accused’s voluntary statement without independent corroboration – Held: No m...

Criminal Law – Quashing - Proclamation under Section 82 CrPC – Illegal Declaration – Petitioner declared proclaimed person in FIR involving Sections 406 and 420 IPC – Court found that procedure under Section 82 was not followed – No evidence of petitioner absconding or concealing himself – No fresh proclamation issued after adjournment – Minimum 30-day not...

Criminal Law – Quashing of FIR – Allegations under Section 498A IPC and Dowry Prohibition Act – High Court quashed proceedings arising from FIR No.35 of 2024, registered by appellant-wife against husband and in-laws alleging harassment and dowry demand – High Court held non-mention of two specific incidents (dated 22.07.2021 and 27.11.2022) in earlier complaints before FIR ...

Quash Petition – Corruption Allegations – Section 482 CrPC – Alleged Conspiracy in Purchase of Fogging Machines – Quash Rejected – Petitioners, former Executive Officers of Salem District Town Panchayats, sought quashing of proceedings in Spl.C.C.Nos.1–3 of 2024 arising from Crime No.3 of 2021 under PC Act and IPC offences – Allegation: machines purchased ...