Mala Fide Prosecution - The Legal Chamber

Supreme Court Quashes FIR in Land Dispute, Decries Criminalization of Civil Disputes

15Nov

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Quashes FIR in Land Dispute, Decries Criminalization of Civil Disputes

The Supreme Court reiterated that criminal proceedings which are manifestly mala fide or constitute an abuse of the legal process are liable to be quashed under Section 482 of the Cr.P.C. It emphasized that criminal law cannot be invoked to settle purely civil disputes or for wreaking vengeance, applying the principles established in State of Haryana v. Bhajan Lal. The Court allowed the appeal and quashed the FIR and charge sheet. Facts Of The Case: The appellant, Anukul Singh, became embroiled in a criminal prosecution originating from a property dispute. His father had purchased a piece of land, and after objecting to the performance of Qurbani (animal sacrifice) on it, the appellant alleged harassment from local authorities and the Shaher Imam. Subsequently, eight FIRs were register...

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 :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 ...