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High Court Quashes FIR Under Section 498-A IPC Against Husband and In-Laws in Matrimonial Discord Case. Allegations of Cruelty Fail Due to Lack of Prima Facie Evidence and Abuse of Process of Law

The Applicants, including the husband and his family members, filed a criminal application seeking quashing of an FIR registered under Section 498-A r...

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Supreme Court Quashes FIR and Proceedings Under Section 376(2)(n) IPC Against Advocate -- Consensual Relationship With Married Woman Does Not Constitute Rape on False Promise of Marriage

The Supreme Court quashed criminal proceedings against the appellant-advocate accused of rape under Section 376(2)(n) IPC by a married woman complaina...

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Supreme Court Grants Bail to Accused in Dowry Death and Abetment of Suicide Case Under Bharatiya Nyaya Sanhita and Dowry Prohibition Act Due to Insufficient Evidence

The Supreme Court heard an appeal against the High Court of Madhya Pradesh's order rejecting the appellant's regular bail application in a case involv...

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High Court Dismisses Bail Appeal in UAPA Case - Appellant Bail Application Rejected in Conspiracy and Murder Case Involving Social Media Posts and Alleged Terrorist Activities Under IPC and UAPA

The High Court dismissed the criminal appeal filed by  (Appellant/Original Accused No. 6) challenging the rejection of his bail application by th...

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Non-Compliance of NDPS Act Procedures Leads to Bail Grant: Bombay High Court Emphasizes Strict Adherence to Statutory Rules. Bail Granted Due to Procedural Lapses in NDPS Act Compliance – Court Directs Strict Implementation of Statutory Rules.

Procedural Lapses in NDPS Act Compliance: The Bombay High Court granted bail to four accused in a narcotics case due to non-compliance with the mandat...

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Supreme Court Quashed Criminal Proceedings Citing Consensual Relationship — No Element of Deceit or Misconception of Fact

Long-Standing Consensual Relationship Cannot Be Construed as Rape Based on Alleged False Promise of Marriage — Prosecution Held as Gross Abuse o...

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Bombay High Court Quashed Arbitral Tribunal’s Order on Jurisdiction — Distributor Agreement’s Extension and Arbitration Clause Dispute

Interpretation of Arbitration Agreement’s Validity Post Expiration of the Principal Contract — Section 37(2)(a) of the Arbitration and Conciliatio...

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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.

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

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Bail Granted in NDPS Case Due to Prolonged Incarceration and Lack of Substantial Evidence. "Right to Speedy Trial Overrides Section 37 NDPS Act's Rigors."

The Bombay High Court granted bail to Accused No. 2 in a case involving the seizure of 191.60 kg of heroin under the NDPS Act. The court emphasized th...