Criminal Law – Quashing of Criminal Proceedings – Political Vendetta – Appellants argued that the complaint was initiated out of political animosity – Supreme Court reiterated that political vendetta alone is not a ground for quashing proceedings if the complaint otherwise makes out a prima facie case – Allegations in the complaint, if established, would result in con...
Quashing of FIR – Criminal Appeal against High Court order dismissing petition to quash FIR lodged for offenses under Sections 498A, 406, 384, 420, and 120(B) IPC – Appeal brought following an acquittal in a related case and amidst allegations of consecutive FIRs on identical grounds in different states – Supreme Court finds High Court misinterpreted the chronological order of co...
Criminal Proceedings – Quashing – Cheating and Criminal Breach of Trust – Dispute of non-payment of bills under a contract – Allegations of issuing dishonored cheques – High Court quashes entire criminal proceedings including order taking cognizance, finding the dispute to be primarily civil in nature. [Para 10-11]
Intention to Cheat – Importance of...
Quashing of FIR and Charge-sheet – Criminal Appeal by A.M. Mohan against High Court order rejecting his petition to quash FIR for cheating – FIR lodged for offenses under Section 420 read with Section 34 IPC involving financial transactions and real estate deals – Supreme Court finds no role of inducement or dishonest intention attributed to appellant in FIR or charge-sheet &ndas...
Criminal Law – Freedom of Speech and Expression – Obscenity and Decency – In an appeal challenging the FIR registered for alleged obscene content in a web-series, the Supreme Court delved into the nuances of Sections 67 and 67A of the IT Act. The Court examined whether the use of profane language in the web-series constituted obscenity or sexually explicit content warranting pros...
Quashing of Bail Orders – Murder Case – High Court granted bail to the respondents (Abdullah, Nasir, and Muzammil) accused of murder – Appellant challenged the bail orders – Alleged involvement of respondents in the murder of Khursheed Ahmad – Appellant, an eyewitness, opposed the grant of bail – High Court granted bail without considering relevant material &nda...
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 – 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...