Tag: Ends of Justice

Complete Justice: Supreme Court Uses Special Powers to End Family Dispute, Quashes FIR After Settlement
16Sep By The Legal ChamberNo Comments
Supreme Court

Complete Justice: Supreme Court Uses Special Powers to End Family Dispute, Quashes FIR After Settlement

The Supreme Court, invoking its powers under Article 142 of the Constitution, quashed the criminal proceedings. It held that continuing prosecution after a mutual divorce and full settlement serves no legitimate purpose and amounts to an abuse of the process of law, especially in the absence of specific allegations. Facts Of The Case: The case originated from an FIR (No.67 of 2019) registered by the second respondent against her husband (appellant No.1) and in-laws (appellant Nos. 2 & 3) under Sections 323, 406, 498-A, and 506 of the IPC, alleging cruelty, criminal breach of trust, and criminal intimidation. The marriage, solemnized in March 2018, lasted approximately ten months before the wife left the matrimonial home. Subsequently, a chargesheet was filed in November 2019. However...
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When Protest Isn’t Nuisance: Supreme Court Explains Limits of Police Power, Quashes 5-Year-Old Case
28Aug By The Legal ChamberNo Comments
Supreme Court

When Protest Isn’t Nuisance: Supreme Court Explains Limits of Police Power, Quashes 5-Year-Old Case

The Supreme Court quashed the criminal proceedings, applying the Bhajan Lal principles. It held that the allegations, even if accepted entirely, did not prima facie constitute the offences under Sections 290, 341, 171F IPC, and Section 34 of the Police Act, 1861, as their essential ingredients were absent. Continuing the prosecution was deemed an abuse of the process of law. Facts Of The Case: During the 2019 General Elections, the Model Code of Conduct was in force in Andhra Pradesh. On March 22, 2019, appellants Manchu Mohan Babu, an educational institution chairman, and his son, along with staff and students, conducted a rally and dharna on the Tirupati-Madanapalli Road. They were protesting the state government's failure to provide student fee reimbursements. The gathering, which las...
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Supreme Court: Criminal Cases Against In-Laws Can Be Dropped After Amicable Settlement
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Criminal Cases Against In-Laws Can Be Dropped After Amicable Settlement

This Supreme Court, invoking Article 142 of the Constitution, quashed all criminal proceedings arising from matrimonial discord, including charges under Section 494 and 498A IPC. Relying on precedents, it held that continuing prosecution after a full and final settlement and divorce constitutes an abuse of the legal process and serves no legitimate purpose. Facts Of The Case: The marriage between the respondent-wife and the appellant's brother was solemnized in 2001. The couple moved to the USA, but their relationship soured, leading to a mutual divorce decree from a California court in 2007. After returning to India, the wife initiated multiple legal proceedings against her husband and his family (the appellants). These included a complaint case alleging cruelty, a case under the Domest...
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Supreme Court Explains : When Can Courts Quash Serious Crimes?
5Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Explains : When Can Courts Quash Serious Crimes?

The Supreme Court, exercising its inherent powers under Section 482 CrPC, quashed criminal proceedings—including a non-compoundable offense under Section 376 IPC—based on an amicable settlement between the parties. The Court emphasized that while such offenses are grave, exceptional circumstances (victim’s unequivocal settlement, societal harmony, and futility of trial) justified judicial intervention to prevent abuse of process. The ruling reaffirms that ends of justice override rigid legal constraints in unique cases. Facts Of The Case: The case arose from two FIRs registered in November 2023 at Mehunbare Police Station, Jalgaon. The first FIR (No. 302/2023) was filed against Madhukar and others under Sections 324, 143, 147, 452, and others of the IPC, alleging they assaulted a woman a...
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Supreme Court :Threats Alone Can Constitute Extortion “No Need for Money Exchange”| Section 387 IPC
18Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court :Threats Alone Can Constitute Extortion “No Need for Money Exchange”| Section 387 IPC

The Supreme Court of India ruled that for a prosecution under Section 387 IPC, the delivery of property is not necessary, as this section punishes the act of putting a person in fear of death or grievous hurt "in order to commit extortion," which is a stage prior to the actual commission of extortion. The High Court's quashing order was set aside because it wrongly emphasized the non-delivery of money, which is not an essential ingredient for an offense under Section 387 IPC. Facts Of The Case: The case involves an appeal filed by M/s. Balaji Traders (appellant-complainant) against a High Court judgment dated June 28, 2024, which quashed a summoning order and proceedings in Complaint Case No. 58 of 2022 under Section 387 of the Indian Penal Code, 1860. The complainant, Prof. Manoj Kumar ...
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