Criminal Law – Quashing of FIR – Sexual Offence – Allegation of Rape Under False Promise to Marry – High Court's Dismissal of Quashing FIR Challenged – Appellant contends FIR is an abuse of process, highlighting discrepancies in complainant's statements and her prior marital status - FIR based on complainant's claim of being raped under false promise to ma...
Criminal Law – Section 153-A IPC – Quashing of FIR - Background and Allegations – FIR registered against appellant, a professor, for promoting enmity under Section 153-A IPC based on his WhatsApp status about Jammu & Kashmir and Pakistan Independence Day – High Court dismissed writ petition to quash FIR. [Paras 1-2]
High Court Judgment – Upheld FIR fo...
Administrative Law – Regulations – Quashing of Regulations for Lack of Approval – Council of Architecture issued regulations without the Central Government's approval as mandated by Section 45(1) of the Architects Act – High Court quashed the regulations – Supreme Court emphasized the necessity of Central Government approval for regulations under Section 45(1) &nd...
Criminal Law – Quashing of Complaint – Appellants, trustees of a trust, entered into agreements for sale with the respondent and his brother – Subsequent disputes led to civil suits and criminal complaints – Respondent’s complaint alleged conspiracy and fraud by the appellants – Supreme Court examines the validity of the complaint in light of subsequent settleme...
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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