2024 SCC Vol. 7 Part 4
Constitution of India — Art. 141 — Decision on question of sentence: Decision on question of sentence can never be regarded as
quashing of FIR
‘Breaking open lock without wife’s consent was a well-thought out & deliberate act in collusion with her husband’; Bombay HC refuses to quash FIR against landlord
“Where a person is in settled possession of property, even on the assumption that they had no right to remain on the property, they cannot be dispossessed by the owner of the property except by recourse to law.”- Supreme Court in Krishna Ram Mahale v. Shobha Venkat Rao, (1989) 4 SCC 131.
Read why Bombay HC quashed S. 498-A IPC proceedings initiated against husband’s paramour by wife
“For the attraction of Section 498-A, cruelty shall be inflicted upon the wife either by the husband or a relative of the husband; a paramour in extra-marital affair is not a relative of the husband.”
[Outraging the modesty of woman] “Words and gestures communicated through e-mails also falls within the ambit of S. 509 of IPC”: Bombay HC
“The legislative intent through Section 509 is to deter an action capable of shocking the sense of decency of a woman. The manner in which the offender shocks such sense of a woman is not restricted to oral abuse or gesture alone, but also include statements, speeches, exclamations, notes, all of which could be in a text form relayed whether physically or electronically.”
Callous investigation in sexual assault case brought before Additional Chief Secretary (Home Dept.); Bombay HC directs strict remedial measures
The Court was confounded, and its conscience shaken by hearing the evasive and false replies of the Police Head Constable; his demeanour clearly indicated his interest in protecting the accused than the victim of the sexual assault.
HIGH COURT AUGUST 2024 WEEKLY ROUNDUP| Stories on Yuvraj Singh; Rajdeep Sardesai; Malabar Gold; International tax charges; and more
A quick review of reported cases this week from various High Courts across the country
Bombay HC quashes FIR and chargesheet against members of WhatsApp group chat accused of outraging religious feelings
“Now-a-days people have become more sensitive about their religions may be than before and everybody wants to impress as to how his religion/God is supreme. Everybody should respect the religion, caste, creed etc. of another. But at the same time, if the person says that his religion is supreme, then the other person may not immediately react. There are ways and means to react on such sensitive issues.”
‘FIR was filed with an ulterior motive of wreaking vengeance on the husband’s family’: Bombay HC quashes woman’s FIR against in-laws alleging cruelty
The instant FIR was nothing, but a shot fired by the husband from his wife’s shoulders to espouse his own interest in the father’s property.
Bombay HC refuses to quash FIR against Director of International Pharma Trader Co. for non-compliance with NDPS provisions
The Export Promotion Council of India is merely a facilitator in promoting exports of pharmaceutical products, and the RMCC is a facilitator for the Customs officials in the enhancement of security; the non-provision of the Notification by them was not a justification for the applicant’s non-compliance.
Kerala HC refuses to quash FIR against Businessman accused of cheating UAE bank of Rs. 135 crores
Credibility of Indians in UAE and of others who seek loans from banks can be prejudicially affected if such alleged frauds are permitted to be perpetrated by the citizens of this country, and when criminal proceedings are initiated, they are quashed without even being investigated”
‘Deliberate attempt to mislead the Court’; Punjab and Haryana HC imposes costs of Rs 50 thousand for not disclosing similar petition that was dismissed for non-prosecution
Petitioner stated that he had not filed any such or similar petition for quashing before the present Court or the Supreme Court. However, the Court noted that the petitioner had earlier filed the present petition on 01-04-2024 and the present petition was filed on 17-05-2024.
‘Accounts declared as fraud without adhering to principles of audi alteram partem’; Punjab and Haryana HC quashes FIR against borrowers
Respondents submitted that no opportunity of personal hearing was required to be assigned to the aggrieved, before the FIR was filed and registered.
Madhya Pradesh High Court imposes exemplary cost of Rs. 1,50,000/- on parties for treating court as playground
Madhya Pradesh High Court note that questions regarding the petitioner’s status in the ancestral house and the subsequent eviction suit cannot be adjudicated in Section 482 CrPC petition.
Is it necessary to mention in FIR any one or more offences described under S. 2(b) of UP Gangsters Act? Allahabad HC refers issue to Larger Bench
“Court must strive to so interpret the statute as to promote and advance the object and purpose of the enactment. For this purpose, where necessary the Court may even depart from the rule that plain words should be interpreted according to their plain meaning and there need no meek and mute submission to the plainness of the language.”
Rape matters cannot be resolved through money or out of court settlements; Delhi High Court rejects quashing of rape FIR despite settlement
‘Money, it seems, is to be exchanged for getting a quietus to the present criminal proceedings for offence of rape—a proposition that is not only immoral but also strikes at the very core of our criminal justice system.’
Himachal Pradesh High Court quashes FIR registered against family accused of stalking through CCTV camera
“There is no proof that the CCTV Camera is directed towards the house of Respondent 2, and it is merely a suspicion. Further, there is no proof that the petitioners/accused had contacted Respondent 2 to foster a personal relationship.”
Delhi High Court quashes FIR in light of amicable settlement between parties; directs accused to contribute woollen blankets to girls’ shelter home
“In view of the fact that parties have mutually settled their disputes, in order to put a quietus to the litigation pending between them, this Court sees no reason to continue the proceedings as no useful purpose will be served in doing so.”
There is a difference between false promise to marry and breach of promise to marry; Calcutta High Court quashes offence of Rape
While examining the difference between false promise to marry and breach of promise to marry, the Court held that from the facts and circumstances of the case i.e., the extent of being physically involved with her on the false promise to marry in near future. The defacto-complainant being already married, the petitioner cannot be held liable for committing the alleged offences.
Calcutta High Court | Infertility cannot be a ground for divorce
Dismissing the revision petition filed for quashing of FIR and criminal proceeding against the petitioner/husband, the Court held that prima facie case of a cognizable offence of cruelty can be make out against the petitioner/husband therefore inherit power of High Court under S. 482 CrPC cannot be exercised.
Allahabad High Court | Sections 4 & 5 CrPC only applicable to proceedings under Special Acts; not when criminal jurisdiction is invoked
Allahabad High Court: The Division Bench of Dr. Kaushal Jayendra Thaker and Gautam Chowdhary, JJ. dismissed a petition which was filed praying