Criminal Law – Cheating and Criminal Conspiracy – Quashing of FIR – Financial Dispute – Abuse of Process – The FIR was registered on the complaint of Avtar Singh, alleging that petitioner Jagsir Singh Dhiman refused to return a sum of ₹9,50,000 arising from a business dispute in agricultural tool manufacturing – Petitioners contended that this was a civil disp...
Quashing of Criminal Proceedings – Jurisdiction of Indian Courts – Sections 188 Cr.P.C. and 494 IPC – Proceedings Quashed – The petitioner sought to quash a complaint filed by the respondent through his Power of Attorney alleging offences of bigamy, cheating, and other charges – The Court found that the marriage was solemnized in Maharashtra, and the alleged offences ...
Quashing of FIR – Civil Dispute Presented as Criminal Case – Sections 406 and 420 IPC – Petitioner alleged that the FIR registered by the complainant, claiming non-repayment of ₹70,00,000 lent as a loan, is a civil dispute being framed as a criminal offence – Petitioner contended that the FIR does not disclose fraudulent intent or breach of trust and that the complaint is...
Criminal Law – Quashing of Proceedings – Petition under Section 482 Cr.P.C. for quashing of charge sheet – Allegations of fraudulent inclusion of property Dag Nos. in Power of Attorney – Investigating officer collected evidence showing a prima facie case of forgery – FIR disclosed cognizable offence – Court found criminal proceedings not a mere civil dispute but...
Criminal Procedure – Quashing of Proceedings – Loan Repayment Dispute – Petitioners sought quashing of criminal proceedings initiated due to a dispute over loan repayment – Accused allegedly criminally trespassed, abused, and threatened the complainant and her husband – Court found the proceedings manifestly attended with mala fide intentions and instituted to wreak v...
Criminal Law – NDPS Act – Quashment of Proceedings – Denied – NDPS Act – Recovery of Contraband – Absence of Mentioned Quantity – Petitioner (A2) sought quashing of proceedings in CC No. 74 of 2023 under Section 482 CrPC – Contraband (10 small packets of Ganja leaves and ₹9,750) was allegedly recovered from the petitioner at the crime scene –...
Quashing of Criminal Proceedings – Absence of Ingredients for Offenses under Sections 406 and 420 IPC – Petitioner sought quashing of proceedings, claiming no prima facie evidence of involvement in alleged offenses – The complainant failed to establish any link between the petitioner and the alleged fraudulent acts; the petitioner was not part of the accused company nor issued th...
Criminal Procedure – Pre-arrest Bail – Consideration of Custodial Interrogation Requirement – Petitioners were not in charge of the society at the time the deposits were made – Accusations involve civil nature allegations, making custodial interrogation unnecessary – Bail granted with conditions for cooperation with the investigation [Paras 1-10]. ...
Quashing of Proceedings – Absence of Prima Facie Case – Application Allowed – The petitioner was charged under the IPC and Immoral Traffic (Prevention) Act, 1956, after being apprehended at a location allegedly used as a brothel. Examination of the case diary revealed that the petitioner was present as a customer, with no allegations or evidence indicating involvement in managing...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – Compensation Claim – Settlement Between Parties – FIR Quashed – Compensation Denied – Petitioner sought increased compensation after settlement and quashing of FIR – Court held that the quashing of FIR nullifies the legal basis for compensation – Petition dismissed [Paras 12–14]. ...
