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The Petitioners being Security Guards, had the bounden duty to ensure that no unauthorised person enters the office premises… act of restraining the Complainant for entering the Office for which she had no right, cannot be termed as an act of wrongful restraint.”
“The investors were induced to deposit amounts in Indian currency with promises of receiving returns in dollars, including 2% daily, 60% monthly, and 720% annually. It was alleged that the total investment in the scheme exceeded Rs 50 crore.”
“In a proceeding under Section 482 of the Criminal Procedure Code, this Court is not required to conduct a mini trial or get into nitty-gritties of the evidence.”
“Criminal litigation between near relatives or co-sharers often originate from civil or matrimonial disputes and directing the quashment of proceedings by invoking the inherent powers in cases of personal nature not involving any heinous offence, is likely to meet the ends of justice.”
“An act done by a person pursuant to the judgment of the Court cannot form basis for prosecuting such person as the same does not come within the definition of “offence” as contained in IPC.”
“In a democracy, of the people, by the people, and for the people, peaceful protest is a constitutional right. Simply because an individual took to the streets to protest in order to safeguard their rights when their interests were affected does not imply that they have committed offences.”
“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.”
Cruelty under Section 498-A IPC does not necessarily require proof of dowry demands; physical or mental cruelty alone is sufficient.
“This is gross subterfuge on the part of the of the State. The FIR has been drawn in a manner so as to assist the suspect Mr. Vijay Shah to be able to have the FIR quashed on a later date.”
“The solemn obligation of the legal system is to distinguish between misfortune and culpability, and to ensure that human suffering, however profound, does not substitute for proof required under the law.”
“The law requires that for an allegation of malafide to be sustained, it must be pleaded with specificity and supported by material facts. In the absence of mens rea, or a demonstrable element of ill-intention, such a prayer cannot be entertained.”
The Court reiterated that heinous offences and crimes against society cannot be quashed merely on the basis of compromise.
“Statement of prosecutrix recorded under Section 164 of CrPC cannot be given preference over the FIR and the statement recorded under Section 161 of CrPC.”
“There is no allegation of hatching criminal conspiracy by the petitioner-daughter with her father or any connivance with regard to giving inducement to the complainant and causing loss to him.”
“Marriage, as we all know is an important sacrament and is considered as a sign of cohabitation between a male and a female which is acceptable in the civil society and is valid in the eyes of law.”
“A bare perusal of the FIR revealing commission of cognizable offence and the investigation has to be conducted.”
“One cannot lose sight of the reality that celebrities and public figures invariably tend to speak in a casual tone during interviews, and it is thus essential to consider the broader context rather than isolating specific words.”
The Court also reiterated that FIR is not an encyclopedia of all imputations. Therefore, to test whether an FIR discloses commission of a cognizable offence, what is to be looked at is not any omission in the accusations, but the gravamen of the accusations contained therein to find out whether, prima facie, some cognizable offence has been committed or not.
“The fact that the petitioner belongs to a Scheduled Caste/Scheduled Tribe may have caused some discomfort among the Trustees, leading to the denial of access. Such conduct by the Trustees is unacceptable.”
The Court held that “the prosecution of the petitioner is sugarcoated with ill-intention and made to belittle his image in the society.”