Malicious Prosecution - The Legal Chamber

Supreme Court Cracks Down on Misuse of Disciplinary Process, Imposes Costs on Bar Council

19Nov

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Cracks Down on Misuse of Disciplinary Process, Imposes Costs on Bar Council

The Supreme Court ruled that a disciplinary complaint under the Advocates Act cannot be maintained by a litigant against the opposing party's advocate, absent a jural relationship. It further held that a State Bar Council's referral order must record reasoned satisfaction of a prima facie case of misconduct, and a cryptic order is legally unsustainable. Facts Of The Case: The case originated from a complaint filed by Khimji Devji Parmar with the Bar Council of Maharashtra and Goa (BCMG) against advocate Rajiv Nareshchandra Narula. Parmar alleged that his late father was a partner in a firm, M/s. Volga Enterprises, which had rights over a disputed property. A suit concerning this land was pending before the High Court, involving the original owner, Nusli Randelia, and a claimant, M/s. Uni...

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

10Nov

By The Legal ChamberNo Comments

Supreme Court

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...

International Child Custody Battle Leads to Supreme Court Quashing Dowry Harassment FIR

9Nov

By The Legal ChamberNo Comments

Supreme Court

International Child Custody Battle Leads to Supreme Court Quashing Dowry Harassment FIR

The Supreme Court quashed an FIR under Section 498-A IPC, invoking its powers under Article 136 and endorsing the High Court's inherent power under Section 482 Cr.P.C. It ruled that a criminal complaint, if found to be a malicious and retaliatory measure to settle scores, constitutes an abuse of the legal process. The Court applied the principles from the landmark precedent of State of Haryana v. Bhajan Lal to halt proceedings that were initiated with an ulterior motive for wreaking vengeance. Facts Of The Case: The appellant, Nitin Ahluwalia, an Australian citizen, and the respondent, Tina Khanna, an Austrian citizen, were married in India in November 2010 and began their matrimonial life in Australia. In June 2013, the respondent unilaterally left the matrimonial home and took their ...

Supreme Court Clarifies Limits of SC/ST Act: No Prosecution Without Caste-Based Intent

18Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Clarifies Limits of SC/ST Act: No Prosecution Without Caste-Based Intent

The Supreme Court dismissed the appeal, upholding the High Court's quashing of proceedings under the SC/ST (Prevention of Atrocities) Act, 1989. It ruled that mere allegations of caste-based malice were insufficient without concrete evidence. The Court emphasized that prosecution under the Act requires proof of intent linked to the victim's caste, preventing misuse for personal vendettas. Legal infirmities in the complaint and lack of prima facie case justified the quashing under Section 482 CrPC. Facts Of The Case: The case originated from a land allotment dispute in Duvva village, where the appellant, Konde Nageshwar Rao, alleged that Respondent No. 2, the Mandal Revenue Officer (MRO), manipulated the allotment of plots reserved for Scheduled Caste (SC) beneficiaries to upper-caste ind...

Bank’s Gold Revaluation Under Scrutiny: Supreme Court Allows Trial Against Bank Officials

18Jun

By The Legal ChamberNo Comments

Supreme Court

Bank’s Gold Revaluation Under Scrutiny: Supreme Court Allows Trial Against Bank Officials

The Supreme Court of India allowed the appeal by Abhishek Singh, holding that the High Court improperly quashed the FIR filed by him. The High Court erred by considering extraneous documents and evaluating the merits of the case at the quashing stage, rather than determining if a prima facie offense was made out. The proceedings from the FIR are revived, and the guilt or innocence of the respondents is to be established at trial. Facts Of The Case: Abhishek Singh, the appellant, a businessman, secured a loan of ₹7,70,000 from the Bank of India on July 22, 2020, by pledging 254 grams of 22-carat gold ornaments. According to Singh, he repaid the loan, including interest, by March 31, 2023, after receiving a notice from the bank on October 7, 2022, to pay ₹8,01,383.59. However, unbeknownst ...

Supreme Court Exposes False Allegations, Quashes FIR in Sexual Assault Case

13Jun

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Exposes False Allegations, Quashes FIR in Sexual Assault Case

The Supreme Court of India quashed FIRs No. 103 of 2022 and 751 of 2021, and all consequent proceedings, finding no prima facie material to substantiate allegations of cheating or sexual intercourse under false promise of marriage. The Court noted inherent contradictions in the complaints and found the complainant's allegations to be fabricated and malicious, indicating manipulative and vindictive tendencies. Facts Of The Case: The case involves Batlanki Keshav (Kesava) Kumar Anurag, the appellant, challenging an order from the High Court for the State of Telangana at Hyderabad, which rejected his petition to quash FIR No. 103 of 2022. This FIR, registered at Madhapur Police Station, Cyberabad, alleges offenses under Section 376(2)(n) of the Indian Penal Code, 1860, and Section 3(2)(v)...

Supreme Court Stops Misuse of Rape Laws : No Rape If Relationship Was Consensual

12Jun

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Stops Misuse of Rape Laws : No Rape If Relationship Was Consensual

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...