Settlement demand extortion or negotiation? Bombay HC quashes FIR over demand of ₹25 lakh each by flat purchasers
The Court held that an exorbitant settlement demand, without an intentional threat or fear of injury, does not attract Section 385 IPC.
criminal proceedings
Loan dispute settled before DRT is ‘predominantly civil’; Calcutta HC quashes cheating and breach of trust case against borrowers
The Calcutta High Court found the complaint lacked essential ingredients, the summons were mechanical, and the complainant was a stranger to the loan.
‘Sex workers entitled to equal protection’: Chhattisgarh HC quashes criminal proceedings under Immoral Traffic (Prevention) Act against consenting adult sex worker
The High Court held that continuation of criminal proceedings against an adult woman under the Immoral Traffic (Prevention) Act, 1956 would amount to abuse of the process of law where the material did not disclose any specific act constituting the alleged offences.
Delhi High Court stays FIR against SPM Chemicals & Minerals in ₹1.75 crore dispute; holds breach of contract cannot be forcefully converted into criminal action
Delhi High Court stayed an FIR registration order, observing that a simple breach of contract cannot be forcefully converted into a criminal action.
When Justice Demands Closure, Criminal Proceedings Need Not Continue; Allahabad HC Quashes POCSO FIR
The Allahabad High Court quashed FIR under the POCSO Act, holding that continuation of the criminal proceedings would serve no fruitful purpose in the peculiar facts of the case.
Registered Sale Deed Cannot Be Contradicted by an Unregistered Agreement; Trial Court Cannot Act as a Mere Post Office of the Prosecution: Bombay High Court
The Court held that a registered sale deed supported by receipt of consideration and transfer of title cannot be contradicted by an unregistered agreement, and in the absence of dishonest intention from inception, no offence of cheating under Section 420 IPC is made out.
‘Knowledge’ is the hinge on which the offence turns: Delhi HC quashes FIR against man booked over movement on a public road during COVID-19 lockdown
The allegations in the FIR, even if accepted in their entirety, do not disclose the commission of any offence, nor does the material collected during the investigation cure that deficiency. The continuation of such a prosecution, more than six years after the incident, would amount to an abuse of the process of the Court, warranting the exercise of the inherent jurisdiction under Section 482 CrPC.
Chinese manjha case | Telangana HC held Magistrate cannot issue summons through cryptic cognizance order
The Court held that while prosecuting offences arising out of the alleged sale or use of Chinese manjha, a Magistrate must record reasons demonstrating application of mind before taking cognizance and issuing summons.
Compassionate Appointment Cannot be Kept in Abeyance by Invoking Rule Applicable Only to Financial Assistance: SC upholds Haryana Rule
Supreme Court clarified that compassionate appointment and compassionate financial assistance are distinct benefits under the Haryana Compassionate Assistance Rules, 2019, and held that Rule 23(1) cannot be invoked to defer a claim for compassionate appointment during the pendency of criminal proceedings.
Supreme Court restores criminal proceeding over unauthorised sale of CSI Church land
“The land in question, though administered by a corporate body, is essentially trust property held for the benefit of the community, and any irregularity in its alienation is a matter of legitimate public concern.”
Karnataka High Court dismisses plea to quash defamation case against man accused of creating estranged sister-in-law’s fake social media accounts
In the case at hand, a woman filed a complaint against her brother-in-law alleging that he created her fake social media accounts, accessible in public domain, containing defamatory content about her and her family.
Summons cannot be issued against ‘a post’ in criminal cases, as it is not a juridical person: Jharkhand High Court
In the case at hand, criminal proceeding was initiated against the post of ‘Plant Head’ of a company.
At what stage the claim of juvenility can be raised by the accused juvenile?: Rajasthan High Court answers
“If two views are possible during the course of enquiry, the Court should lean in favour of holding the accused to be juvenile in borderline cases.”
Hathras gang rape & murder case| Allahabad High Court refuses to quash criminal proceedings against suspended SHO
“Facts emerged in investigation not only indicate lack of sensitivity but dereliction of duty on part of accused, and act and omissions of accused violate the provisions of law and rules.”
Heinous acts of abduction, armed threat, assault, coerced self-incrimination is detrimental to public order & beyond scope of private dispute: MP High Court
The Court reiterated that heinous offences and crimes against society cannot be quashed merely on the basis of compromise.
Section 174A IPC is an independent and substantive offence that can continue despite extinguishment of proclamation under Section 82 CrPC: Supreme Court
Supreme Court answered in affirmative that if the status under Section 82 CrPC is nullified i.e., the person subjected to such a proclamation, by virtue of subsequent developments is no longer required to be presented before a Court of law. Then, the prosecution still proceeds against such a person for having not appeared before a Court during the time that the process was in effect.
Supreme Court quashes abetment of suicide charges against husband and in-laws, citing lack of prima facie evidence of intent to instigate the deceased
“There must be a close proximity between the positive act of instigation by the accused person and the commission of suicide by the victim.”
‘Cases of this nature where provisions are grossly misused, genuine complaints goes into oblivion’; Jharkhand HC quashes criminal proceedings against man accused under SC/ST Act
In the present case, the petitioner has helped one lady against the allegation of incumbent sitting Chief Minister, which clearly suggests that maliciously the case was registered against the petitioner and the investigation was also made with pre-occupied mind.
Karnataka High Court quashes criminal proceedings against persons accused of shouting ‘Jai Shri Ram’ inside a mosque
The Court said that it is not understandable that how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class especially when the complainant himself states that Hindu — Muslims are living in harmony in the area the incident by no stretch of imagination can result in antimony.