Criminal Law – Quashing of FIR – Prima Facie Case – Allegation of ₹10 lakh bribe involving public servant – Cash recovered from Petitioner’s vehicle – Petitioner not named in FIR but added during investigation – Held: FIR discloses cognizable offence and prima facie material exists – Investigation at nascent stage – No grounds for quashing at...
Criminal Law – Second FIR Quashed – Abuse of Process – Appellant was prosecution witness in CBI case involving bribe to GST officials – Following his adverse deposition against university management, second FIR registered accusing him of harboring the accused – Police filed cancellation report but Magistrate took cognizance on protest petition – Supreme Court he...
Quashing of FIR and Criminal Proceedings – Petition filed under Section 482 of Cr.P.C. for quashing FIR lodged at Crime No.999 of 2018 under Sections 498A, 323, 506, 34, 325, and 313 of IPC after mutual divorce settlement – Involves matrimonial dispute between petitioners and respondent no. 2, leading to various legal proceedings and eventual mutual divorce [Paras 2, 4-5].
Matrimoni...
Criminal Law – Quashing Of FIR - Rape – Repeated Sexual Acts – Section 376(2)(n) IPC – FIR alleged repeated sexual relations by advocate on false promise of marriage – Supreme Court held that relationship lasted three years and involved mutual affection and voluntary acts – No indication of threat, coercion, or deceit from inception – Held: FIR failed to d...
Criminal Law – Quashing of Proceedings – Allegation of Sexual Harassment by Child Welfare Committee Chairman – Lack of Sexual Intent – Petitioner, a statutory authority under Child Welfare Committee, was alleged to have made sexually coloured remarks during counselling of two minor girls – Statements attributed to the petitioner included reference to the girls’ ...
Criminal Law – Criminal Breach of Trust – Cheating – Quashment of Proceedings – Appellant, a former partner in a dissolved firm, sold property previously used by the firm to a third party – Respondent, a co-partner, filed a criminal complaint under Sections 406, 420 and 120B IPC alleging misappropriation and deceit – High Court refused to quash the complaint &nd...
Criminal Law – FIR Quashing – Section 482 Cr.P.C. – Cognizance Taken – FIR lodged in 2024 for alleged sexual harassment incidents dating back to 2018–2020 – FIR registered under Sections 354A, 354D, 506, and 509 IPC – Charge sheet later filed under Sections 354 and 354A IPC – Held: FIR not barred merely due to Section 468 Cr.P.C. which limits cogniza...
Criminal Law – Quashing of FIR – Alleged Inflammatory Social Media Message – Communal Harmony – FIR registered under Sections 299 and 353(3) BNS alleging that petitioner circulated an inflammatory WhatsApp message after arrest of his brother under the Unlawful Conversion of Religion Act, 2021 – Petitioner contended that the message merely expressed resentment over bro...
Domestic Violence Act – Section 12 Application – Maintainability of Petition under Section 482 CrPC – Petitioners sought to quash D.V. Case No. 1 of 2025 filed by daughter-in-law alleging dowry demand and domestic abuse – Held: Proceedings under Chapter IV of D.V. Act are civil in nature and do not constitute criminal proceedings until breach of protection order under Secti...
Criminal Law – Quashing - Dowry Harassment – Quashing of Proceedings – Abuse of Process – FIR Quashed – Allegations against husband’s relatives found to be general, omnibus and lacking specific details – Appellants resided separately and had minimal contact with complainant – No mention of dates, acts of cruelty or evidence – Held: Criminal pro...