inherent powers of High Court Archives

‘Possibility of accused exploiting victim’s fear can’t be ruled out’; Rajasthan High Court refuses to quash FIRs alleging rape on false promise of marriage

“In Indian societal norms, the matters relating to sexual assault in large number of cases are not being reported by women timely… The possibility of accused taking benefit of the situation… cannot be ruled out.”

Case Briefs Supreme Court

‘Accused and victim now happily married, continuing prosecution would cause unnecessary harassment to them and their children’; SC quashes POCSO proceedings

Supreme Court said that the High Court overlooked the fact that the Trial Court could not have recorded the settlement, and this was a suitable case for the High Court to exercise its jurisdiction under Section 482 CrPC to quash the proceedings. As a result, the parties were unnecessarily compelled to approach this Court.

Case Briefs High Courts

Rajasthan High Court consolidates trials for 259 FIRs against Sanjivani Group Chairman; Upholds Right to Fair and Speedy Trial

“Whether the proceeding against the accused shall be called as prosecution or it would be a persecution. Whether it’s a persecution or be it a prosecution but in anyway it must come to an end within a reasonable period.”

Case Briefs Supreme Court

Supreme Court quashes S.498A IPC case against in-laws; calls allegations “Far-fetched and improbable”

“The fact that wife confessed making a vicious complaint against her brother-in-law to the High Court clearly shows that her motives were not clean insofar as her brother-in-law is concerned, and she clearly wanted to wreak vengeance against her in-laws”