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.
Malicious Prosecution
Ankita Bhandari case: ‘To Malign a Person’s Image to Implicate Them in a Concluded Murder Case Is a Serious Issue’: Uttaranchal HC Quashes Two FIRs Against Former MLA; Orders Probe
Four FIRs were filed against former MLA Suresh Rathore arising from social media posts projecting complainants as involved in the Ankita Bhandari murder, a case that had already concluded with three convictions and life sentences. Two were lodged by persons who were neither the victim nor the affected party, covering the same allegations as the victim’s own FIR.
When alleged kidnapping of a pet cat ‘Daisy’ compelled Karnataka HC to admonish symptomatic misuse of criminal process
A wayward pet feline ‘Daisy’ went missing, leading to a complaint by the pet owner and subsequent filing of chargesheet against the petitioner levelling serious allegations such as insulting a woman’s modesty.
‘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.”
Rajasthan High Courts directs police to conduct fair & expeditious investigation against Sarpanch amid political vendetta concerns
“A bare perusal of the FIR revealing commission of cognizable offence and the investigation has to be conducted.”
MP High Court quashes Rape case lodged by Honey trap racket operator
The Court held that while delay in reporting rape is not always material, in the present case, it is crucial due to the complainant’s history and the timing of her allegations.
‘Typical example of frivolous litigants abusing the Court process’; Jharkhand HC quashes criminal proceedings against Century Cement
The Court stated that when the case under Section 138 of the Negotiable Instruments Act, 1881 was already filed by the petitioners, Respondent 2 had all the opportunity to defend in that pending complaint case, and without doing so, present complaint case was filed implicating the petitioners.
Allahabad High Court quashes criminal proceeding against wife accused of Bigamy due to lack of ingredients to constitute S. 494 IPC offence
“The Court set aside the impugned summoning order and the criminal proceedings against the wife under Section 494 IPC. However, the Court did not quash the criminal proceedings initiated against the wife under Sections 504, 506 IPC.”
Never Reported Judgment| Compromise between parties is not termination of proceedings in a suit for malicious prosecution [(1952) 2 SCC 446]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on malicious prosecution.
Madras HC | “Not fair to expect judges to expend too much time, energy in proof-reading”: HC stresses counsels should reflect ‘distilled understanding’ while preparing drafts
Madras High Court: G.R. Swaminathan, J., emphasised that all stakeholders in the process of administration of justice should discharge their commitments sincerely.
Madras HC | Who is liable in suit for malicious prosecution; what is duty of civil court; where lies onus of proof? HC answers all, says no ‘second agnipariksha’ for plaintiff
Madras High Court: G.R. Swaminathan, J., held that to succeed in a suit for malicious prosecution, the acquittal of the plaintiff alone
Ker HC | Accused forced to plead guilty without being given an opportunity to avail assistance from a legal practitioner; HC sets aside order
Kerala High Court: In an appeal against the order delivered by JMFC, Mallapuram; P. Somarajan, J., allowed the same setting aside the
SA HC | Arrest without warrant on reasonable suspicion supplants the claim for compensation for unlawful arrest and malicious prosecution
South Africa High Court, Eastern Cape Local Division: M.S. Jolwana, J. held that even if the plaintiff is arrested and spends some
SL SC | Appeal is not fresh suit but continuation of original proceeding; Right to sue held to survive in heir in suit for malicious prosecution
Supreme Court of the Democratic Socialist Republic of Sri Lanka: An Application for leave to appeal under and in terms of Article