Abuse of Process of Law - The Legal Chamber

The Supreme Court of India quashed criminal proceedings against the Appellant, finding that the alleged sexual assault and unnatural sex charges under Sections 376, 376(2)(n), 377, 504, and 506 of the IPC were not established. The Court held that the relationship was consensual, not based on a false promise to marry, and the complaint was likely motivated by a "disgruntled state of mind". The case fell under categories for quashing criminal proceedings to prevent abuse of process of law. Facts Of The Case: This appeal arises from the dismissal of Amol Bhagwan Nehul's petition to quash Criminal Case C.R. No. 490/2023, registered on July 31, 2023, for alleged offenses under Sections 376, 376(2)(n), 377, 504, and 506 IPC. The Complainant, Respondent No. 2, alleged that the Appellant forci...

The Supreme Court quashed criminal proceedings under Sections 186 (obstruction) and 353 IPC (assault on public servant) against anti-trafficking activists, holding the allegations lacked mens rea and essential ingredients of the offences. It ruled the prosecution was legally barred under Section 195 CrPC (requiring complaint by aggrieved public servant) and non-cognizable without magistrate approval under Section 155(2) CrPC. The Court emphasized that inherent powers under Section 482 CrPC must prevent vexatious prosecutions, especially where prima facie allegations fail to disclose offences. The judgment reaffirmed that disputed facts in FIRs must be scrutinized to safeguard liberty against abuse of process. Facts Of The Case: The case involved Umashankar Yadav and another appellant, me...

Tag: Abuse of Process of Law

Supreme Court Protects NGO Workers: Quashes Criminal Case Against Anti-Trafficking Activists, Slams ‘Vexatious Prosecution'”