Settlement or living together as husband and wife cannot quash POCSO case of minor forced to marry man 20 years older: Delhi HC
The Delhi High Court held that quashing the FIR would legitimise child marriage and the exploitation of a minor.
section 482 crpc
Delhi HC: Mere Non-Return of Stridhan Insufficient for Section 406 IPC Without Specific Entrustment
In Harcharanjeet Bains v. State (NCT of Delhi), the Delhi High Court partly quashed criminal proceedings arising from a matrimonial dispute. The
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.
Calcutta High Court quashes criminal proceedings against advocate over clients’ property transfer dispute
The Court noted that that the continuation of the criminal proceedings was unwarranted and amounted to an abuse of the process of law, having regard to the civil and proprietary nature of the dispute.
Mere sale of garments bearing religious images does not attract Section 295-A IPC absent deliberate and malicious intent; Gujarat HC quashes FIR against Surat textile businessman
The Court held that Section 295-A, Penal Code, 1860, is attracted only when an insult to religion or religious beliefs is perpetrated with the deliberate and malicious intention of outraging the religious feelings of a class of citizens.
Mere non-return of Stridhan insufficient for S. 406 IPC without specific entrustment or dominion; Delhi HC quashes S. 406 proceedings, allows S. 498A case to continue
Delhi High Court partly quashed criminal proceedings arising from a matrimonial dispute, holding that the allegations under Section 498A IPC disclosed a prima facie case of cruelty, while the prosecution under Section 406 IPC could not be sustained for want of entrustment.
Display of National Flag with saffron down not an offence under National Honour Act without intention to insult: Kerala HC
Mere display of the Flag with the saffron band downward, without material indicating a deliberate intention or mens rea to show disrespect, does not constitute an offence; accidental or inadvertent acts are not punishable under the provision.
Director or Vice-President cannot institute complaint for company without Board authorisation; Bombay HC quashes proceedings against employee
In a copyright infringement case involving alleged unauthorised use of source codes, the Bombay High Court quashed proceedings against an employee, finding no material to show his active role beyond carrying out duties assigned by his employer. The Court also held that a company cannot maintain a criminal complaint through its Vice-President or an individual Director unless duly authorised by a Board resolution.
Former SP’s paperweight attack on subordinate was no official duty: Karnataka HC refuses to quash proceedings
It would only be appropriate to apply nexus test to overt acts and determine, if they are wholly or reasonably connected to discharge of official function by accused and by taking note of fact that Section 170 Karnataka Police Act, 1963 extends statutory protection even to reasonable excesses.
‘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.
“Allegations not inherently absurd or improbable”: Why Madhya Pradesh HC denied relief to businessman Satish Sanpal in ₹21.55 Lakh IPL Betting Case
The Court stated that the contention that he was residing in Dubai since 2020 and had not visited India after March 2020 could not, by itself, furnish a ground for quashing the proceedings.
30 to 40 Cases a Day: Madras HC Seeks Response from Bar Councils on Increasing Criminal Cases Against Practising Advocates
The Court held that while mere registration of an FIR does not attach stigma and every accused is presumed innocent, the increasing criminal cases involving practising advocates warrant institutional attention and policy consideration by the Bar Councils.
A Sour Relationship Isn’t a False Promise: Uttaranchal HC Quashes Rape Charge Over Tinder Match
It was alleged by the applicant that the social website named “Tinder app” is not a matrimonial site, but is a popular site among youngsters, and the said website is meant for making friends.
IBC Moratorium Not a Safe Harbour Against Section 138 NI Act Prosecution; Directors Can’t Escape Cheque Dishonour Liability: Punjab and Haryana HC
The High Court object of the moratorium is merely to postpone civil debt enforcement and not to shield an accused from criminal accountability arising out of dishonour of cheques.
“Public View” Is Not Optional: Delhi HC Sets Aside SC/ST Act Charge Over Remarks Made Inside an Office
Delhi High Court ruled that a caste-based insult under Section 3(1)(x), SC/ST Act must occur in a place within public view. Finding this essential ingredient absent, it set aside the charge and remanded the case for consideration under the IPC.
‘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.
Prosecution case collapses on its own evidence; Gujarat HC quashes FIR against advocate implicated in assault case
“Having found that present applicant was not present at the scene of offence and was also not visible at the District Court, Surat as alleged by the complainant from the CCTV footage, the said aspect would itself demolish the very basis of the FIR against the present applicant.”
Explained | Why Allahabad High Court granted relief to Azim Premji in Wipro Labour Law Case
The Court reiterated that criminal liability cannot be fastened mechanically merely based on designation unless the statute specifically provides for vicarious liability or there exist specific allegations demonstrating an active role and responsibility of the accused in the commission of the alleged offence.
Subsequent Breakdown of Marriage No Ground to Revive Quashed Rape FIR: Delhi High Court
The Court warned that permitting reopening of quashing orders on the basis of subsequent matrimonial disputes would fundamentally defeat the object underlying exercise of jurisdiction under Section 528 BNSS.
Wife Left at Parental Home Is Not Dowry Harassment: Himachal Pradesh HC Quashes S. 498-A FIR After Mutual Divorce
“Where a criminal proceeding is manifestly attended with mala fide or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge, the High Court while exercising its inherent power can proceed to quash the proceedings.”