Indian Penal Code, 1860, Section 323, 341, 354, 504, 506, 34 -- Offence u/ss 323, 341, 354, 504, 506, 34 IPC - FIR is a counterblast and tool to harass appellants by way of launching false and malicious prosecution - Criminal prosecution must not be permitted as an instrument of harassment and private vendetta - High Court is entitled to quash a proceeding if it comes to..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - Complaint containing no specific allegations and filed after resiling from a court-referred mediated settlement - Continuance would be an abuse of process - High Court's interim order permitting prosecution subject to deposit..........
Bharatiya Nyaya Sanhita, 2023, Section 87, 137(2), 64(2)(m), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Prohibition of Child Marriage Act, 2006, Section 9 -- Kidnapping and rape - Where two adolescents pursuant love affair took decision to marry at tender age without intervention of family members and continued sexual relationship resulting in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - When a mandatory condition precedent to issuance of process has not been fulfilled, continuation of criminal proceedings would amount to permitting prosecution founded upon an invalid exercise..........
Indian Penal Code, 1860, Section 302, 341, 427, 143, 144, 147, 148, 120B, Prevention of Damage to Public Property Act, 1984, Section 3(2), Criminal Procedure Code, 1973, Section 482 -- Quashing - Offence u/ss 302, 341, 427, 143, 144, 147, 148, 120-B, IPC and S.3(2) Prevention of Damage to Public Property Act, 1984 - Independent witnesses have not supported case of..........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Prosecutrix improved her statement as recorded u/s 164 Cr.P.C. from that recorded u/s 161 Cr.P.C - No intention of criminal intimidation was prima facie established since prosecution of a person for criminal intimidation requires clear intention to cause alarm, irrespective of whether victim was alarmed or not..........
Bharatiya Nyaya Sanhita, 2023, Section 85, 115(2), 118(1), 191(2) -- Cruelty - Only allegation with some degree of specificity is against petitioner No.2 alleging an attempt to press neck of complainant - However, said allegation is conspicuously unsupported by any medical evidence or contemporaneous record - No injury report, hospital document, or independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(II)(A) -- Contraband - Limitation - Where alleged contraband is minimal and prosecution foundation suffers from serious statutory non- compliance, bar of limitation constitutes an additional ground strengthening petitioner's plea of abuse of process - Proceedings quashed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Bharatiya Nyaya Sanhita, 2023, Section 115(2), 351(2), 351(3), 352, 310(2) -- Quashing of FIR - Compromise - Offence u/ss 115(2), 351(2), 351(3), 352, 310(2) of BNS - All the offences is inseparable and arises from a single transaction - Once High Court exercised its inherent jurisdiction to quash FIR with respect to..........
Indian Penal Code, 1860, Section 420, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Cheating - Quashing of proceedings - Matter is essentially of civil nature and is liable to be settled on the basis of evidence of parties in civil proceedings - No case of cheating appears to be made out against applicant - Criminal prosecution is nothing but an abuse of..........
