criminal proceedings quashed Archives

Promise-to-marry allegation by married woman

Kerala HC: Mere promise to marry allegation by a married woman insufficient to establish induced consent under S. 69 BNS

The Kerala High Court held that a mere allegation of a false promise to marry by a woman in a subsisting marriage did not disclose the essential ingredients of an offence under Section 69 of the BNS and, consequently, quashed the FIR and all further proceedings.

Case Briefs High Courts

‘For every mishap or death during treatment, Doctor cannot be punished’; Kerala HC quashes medical negligence case

The Court clarified that only in cases involving a gross lack of competence, inaction, or a wanton disregard for the patient’s safety, stemming from gross ignorance or gross negligence, can a doctor be made to face criminal charges.

Case Briefs High Courts

‘Suicide note written weeks before suicide’: Kerala HC says bickering and quarrels not instigation while quashing abetment to suicide case against wife

“The essence of the offence of abetment of suicide is not what the deceased felt but what the accused intended.”

Case Briefs High Courts

Orissa HC quashes Criminal proceedings against NESCO Orissa Officials on grounds of absence of Sanction under Section 197 CrPC

The officers on duty cannot be subjected to undue harassment in the hands of unscrupulous litigants, to prevent malicious prosecution provisions such as Section 168 of the Electricity Act, 2003, are put in place.