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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...

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...

High Court

"Bombay High Court Upholds Trial Court Acquittal in Civil Dispute-Turned Criminal Case" "Court emphasizes lack of reliable evidence, rejects prosecution case citing contradictions and civil dispute context."

20 Dec 2024

The Bombay High Court dismissed the State's appeal challenging the acquittal of two accused by the Trial Court. The case, rooted in a civil property d...

High Court

High Court Quashes FIR: Civil Dispute Misinterpreted as Criminal Offense. Justice prevails as the Court clarifies the distinction between civil and criminal liability.

4 Dec 2024

The Bombay High Court (Aurangabad Bench) quashed the FIR and criminal proceedings against applicants, emphasizing the civil nature of the dispute and ...

High Court

"Bombay High Court Quashes Criminal Case: Civil Dispute Cannot Be Penalized" "Reiterating the distinction between civil and criminal remedies, the High Court emphasizes abuse of process in criminalizing contractual disputes."

29 Nov 2024

The Bombay High Court, Aurangabad Bench, quashed FIR No. 134/2021 and associated proceedings under Sections 420 and 406 IPC, ruling that the matter is...

Supreme Court

Supreme Court Sets Aside Excessive Bail Conditions Imposed by Madhya Pradesh High Court, Reaffirms Limits on Judicial Discretion in Bail Matters. The Supreme Court ruled that conditions imposed on bail must not infringe on civil rights or prejudge ongoing civil disputes, highlighting the judiciary's role in safeguarding due process in criminal proceedings.

25 Oct 2024

The Supreme Court examined the Madhya Pradesh High Court’s imposition of specific conditions while granting bail, which included the removal of a wa...

High Court

Challenge Against Lokayukta’s Direction on Payment Dispute Quashed by Court. Lokayukta’s jurisdiction and natural justice questioned; Cooperative Society's resolution challenged; Civil courts left to decide inheritance rights.

17 Oct 2024

The petition challenged the Lokayukta’s order dated 6 December 2019, directing the cooperative society (Respondent No.2) to withhold payments for su...

Supreme Court

"Criminal Proceedings Quashed After Bank Settlement in Fraud Case Involving Loan Defaulters" "Supreme Court quashes proceedings under Section 482 CrPC where a One Time Settlement (OTS) between the Bank and Borrowers resolves the dispute"

3 Oct 2024

The Supreme Court addressed an appeal challenging the dismissal of a criminal petition seeking to quash a chargesheet related to loan defaults, forger...

Supreme Court

Supreme Court Quashes FIR in Dowry Case Due to Lack of Specific Allegations. The Court ruled that the allegations were vague, general, and appeared to be motivated by an underlying property dispute.

25 Sep 2024

The Supreme Court quashed an FIR filed under Sections 498A, 323, 504, 506 read with Section 34 IPC, citing lack of specific allegations and evidence. ...

High Court

"Quashing of FIR for Civil Dispute Between Companies: No Criminal Intent Established" "Dispute over contractual obligations without criminal intent is not prosecutable under Sections 406 and 420 IPC."

18 Sep 2024

The applicants filed an application under Section 482 of the Criminal Procedure Code for quashing FIR No. 652/2020 registered with Jalgaon City Police...

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