BNSS Section 528 - The Legal Chamber

Supreme Court Quashes FIR in Land Deal Fraud Case Citing Civil Settlement

21Feb

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Quashes FIR in Land Deal Fraud Case Citing Civil Settlement

In this judgment, the Supreme Court exercised its plenary power under Article 142 of the Constitution to quash criminal proceedings solely against the appellant, based on a full and final settlement between the private parties. The Court clarified that such quashing would not impede the prosecution of other accused, who must be pursued independently. Facts Of The Case: The case originated from a dispute over the sale of a plot of land in Burari, Delhi. Respondent No. 2, while searching for land to build a house, was introduced by the appellant, Mool Chand, who claimed to be a reputed real estate agent. The appellant represented that he had an encumbrance-free plot suitable for the complainant, owned by his associate, accused No. 2, who needed urgent funds. Consequently,...

False Promise of Marriage” or Vengeance? Supreme Court Weighs In on Key Legal Issue

The Supreme Court, invoking its inherent powers under Section 482 CrPC/Section 528 BNSS, quashed the FIR and chargesheet. It ruled that criminal proceedings manifestly attended with mala fide and initiated with an ulterior motive for vengeance after prior complaints against the complainant constitute a clear abuse of the legal process. Facts Of The Case: The case involved the appellant, Surendra Khawse, and the complainant, who were colleagues at a municipal corporation. Their friendly relationship progressed into a consensual physical intimacy. The complainant, who was previously married and had a son, alleged that the appellant had sexual relations with her on multiple occasions between March 15 and April 10, 2023, based on a false promise of marriage. She claimed that when she later i...

Supreme Court Rules High Courts CAN Quash DV Act Proceedings Under Section 482 CrPC

The Supreme Court held that High Courts possess inherent jurisdiction under Section 482 CrPC (or Section 528 BNSS) to quash proceedings initiated under Section 12 of the Domestic Violence Act, 2005, as these applications are filed before Criminal Courts (Magistrates). However, such power must be exercised sparingly and only in cases of gross illegality or abuse of process, considering the civil nature of DV Act remedies and its objective as social welfare legislation. The Court clarified that proceedings under the DV Act, though heard by Criminal Courts, remain predominantly civil in character. Facts Of The Case: Vidhi Rawal (Respondent) married Prateek Tripathi on December 12, 2019, in Dewas, Madhya Pradesh. After two years, on December 8, 2021, she complained to Dewas police against Pr...