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Search Results for "Quashing of FIR"

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Supreme Court

Supreme Court Refused Quashing of FIR but Granted Anticipatory Bail to the Appellant – Allegations of Misuse of Official Position and Criminal Breach of Trust under Indian Penal Code, 1860 (IPC)

28 Feb 2025

The Court emphasized the need for thorough investigation into the allegations of misuse of powers under the Bombay Land Revenue Code, 1879 – Appella...

High Court

Quashing of FIR and Charge Sheet in Rape Case Based on False Promise of Marriage – High Court Grants Relief to Petitioner. Bombay High Court Quashes FIR and Charge Sheet Under Section 376 IPC, Citing Lack of Prima Facie Case and Ulterior Motive

28 Feb 2025

The Bombay High Court quashed the FIR and charge sheet, holding that: The allegations in the FIR, even if taken at face value, did not prima faci...

Supreme Court

Supreme Court Dismissed Appeals Seeking Quashing of FIRs Based on Procedural Lapse – Affirmed Prospective Application of Affidavit Requirement in Section 156(3) CrPC Complaints

27 Feb 2025

a) Judicial decisions are presumed retrospective unless stated otherwise; however, procedural safeguards can be prospective to avoid undue hardship (P...

High Court

High Court of Judicature at Bombay Quashes Criminal Proceedings Against BPCL Officials—Lack of Offence Under Essential Commodities Act, 1955 and LPG Distribution Order, 2000

27 Feb 2025

Absence of Statutory Violation—No Offence Attracted Under Section 7 of the Essential Commodities Act, 1955—Unauthorized Raid by Vigilance Squad Re...

Supreme Court

Supreme Court- Second FIR quashed by High Court – Supreme Court reinstates FIR, upholds investigation into broader corruption conspiracy – Appeal allowed.

19 Feb 2025

Criminal Procedure Code, 1973 (CrPC) – Prevention of Corruption Act, 2018 (PC Act) – Indian Penal Code, 1860 (IPC) – Second FIR registered regar...

Supreme Court

Quashing of FIR under Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986 Allowed. Criminal Proceedings – Nature of Allegations Crucial in Determining Applicability of Special Penal Laws – Mere Registration of Multiple FIRs Not Sufficient for Invoking Gangster Act – Civil Disputes Given Criminal Colour Do Not Justify Invocation of the Act – Strict Interpretation of Penal Laws Mandatory – Right to Life & Liberty under Article 21.

12 Feb 2025

Constitution of India, 1950 – Article 21 – Protection of life and personal liberty – Invocation of stringent penal laws requires higher threshol...

Supreme Court

Supreme Court quashed FIR and charge sheet filed under Sections 498A, 504, 506 of the Indian Penal Code, 1860 (“IPC”) read with Sections 3 and 4 of the Dowry Prohibition Act, 1961, citing abuse of process of law. Quashing of criminal proceedings – Allegations of matrimonial cruelty and dowry harassment – FIR filed as counterblast to a pending divorce case – No specific allegations in charge sheet – FIR and charge sheet held vexatious and quashed under Article 142 of the Constitution of India.

12 Feb 2025

Supreme Court observed that the FIR was filed belatedly after the divorce petition. Charge of Section 376 IPC was dropped after two rounds of investi...

Supreme Court

Supreme Court Quashed Criminal Proceedings Against B.V. Ram Kumar – Allegations Did Not Constitute Offences Under the Indian Penal Code, 1860. Criminal Petition Under Section 482, Code of Criminal Procedure, 1973 – No Prima Facie Case for Offences Under Sections 269, 270, and 504, IPC – Abuse of Process of Law – High Court’s Dismissal Reversed.

10 Feb 2025

Allegations In The FIR And Chargesheet Did Not Disclose The Necessary Ingredients For Offences Under Sections 269, 270, And 504, IPC (Paras 16, 19)Wor...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

Supreme Court

Quashing of FIR – Marriage by Mutual Consent – Protection Under Exception 2 to Section 375 IPC. Supreme Court Quashes FIR Alleging Rape – Holds That Husband Cannot Be Prosecuted Under Section 376 IPC.

31 Jan 2025

Constitution of India, 1950 – Criminal Procedure Code, 1973 – Indian Penal Code, 1860 Quashing of FIR – Criminal Appeal against dismissal of pe...

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