Quashing of FIR - The Legal Chamber

Conspiracy in Construction: Supreme Court Slams Builder & Officials for Violating Zoning Rules

8Aug

By The Legal ChamberNo Comments

Supreme Court

Conspiracy in Construction: Supreme Court Slams Builder & Officials for Violating Zoning Rules

The Supreme Court dismissed the appellant's appeal, upholding the Kerala High Court's decision to proceed with criminal charges under Section 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988, and Section 120-B IPC (criminal conspiracy). The Court ruled that obtaining a fraudulent permit for illegal construction in a prohibited zone constituted a criminal conspiracy with municipal officials. The attempt to regularise the unauthorised building did not absolve the appellant of liability. The Court distinguished the architect's case, noting lack of active involvement in the conspiracy. Charges were affirmed, emphasising strict enforcement of anti-corruption laws. Facts Of The Case: The case involves G. Mohandas, the owner of a building in Vanchiyoor Village, Thiruvanantha...

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...

Supreme Court Quashes FIR in Civil Dispute: No Cheating Without Criminal Intent

5Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Quashes FIR in Civil Dispute: No Cheating Without Criminal Intent

The Supreme Court quashed an FIR alleging offences under Sections 60(b), 316(2), and 318(2) of the Bharatiya Nyaya Sanhita, 2023, holding that the dispute was purely civil in nature. The Court reiterated that criminal proceedings cannot be used to enforce monetary claims and emphasized that cheating requires dishonest intent from inception. Criticizing the High Court's mediation order directing upfront payment, the SC ruled that such disputes must be resolved through civil remedies, not criminal prosecution. The judgment reaffirmed the principles laid down in State of Haryana v. Bhajan Lal and Delhi Race Club (1940) Ltd. v. State of Uttar Pradesh to prevent abuse of criminal law in commercial disputes. Facts Of The Case: The case involves a criminal appeal filed by Shatlesh Kumar Singh, ...

No Civil Suit Barrier: Supreme Court Rules Criminal Trial Must Proceed in Land Scam Case

22Jul

By The Legal ChamberNo Comments

Supreme Court

No Civil Suit Barrier: Supreme Court Rules Criminal Trial Must Proceed in Land Scam Case

The Supreme Court held that the High Court erred in quashing criminal proceedings under Sections 120B, 415, and 420 IPC against respondents for allegedly fabricating a partition deed and family tree to exclude daughters from property compensation. It ruled that pendency of civil suits does not bar criminal prosecution if a prima facie case exists. The Court emphasized that criminal conspiracy and cheating must be tried independently, reinstating the trial court’s proceedings. The judgment reaffirms that civil and criminal remedies can coexist, ensuring accountability for fraudulent deprivation of property rights. Facts Of The Case: The case revolves around a dispute over compensation amounting to ₹33 crores awarded by the Bengaluru Metro Rail Corporation for ancestral land purchased by K...

Supreme Court Upholds Quashing of 498A Case Against In-Laws : Calls It ‘Abuse of Process'”

9May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Quashing of 498A Case Against In-Laws : Calls It ‘Abuse of Process'”

The Supreme Court dismissed a Special Leave Petition challenging the High Court's quashing of criminal proceedings under Sections 498A, 325, 506 IPC and Dowry Prohibition Act. The Court upheld the invocation of Section 482 CrPC, finding the complaint contained material inconsistencies and amounted to an abuse of process, while emphasizing the need for cautious scrutiny of matrimonial cases involving extended family members. The judgment reaffirmed judicial discretion to prevent misuse of criminal proceedings in family disputes. Facts Of The Case: The petitioner, Disha Kapoor, filed a criminal complaint under Section 156(3) CrPC against her husband and nine relatives, including in-laws and extended family members, alleging offenses under Sections 498A (cruelty), 325 (voluntarily causing g...

Civil Dispute, Not Crime: SC Quashes FIR Against Businessman Calls It a Contract Issue

1May

By The Legal ChamberNo Comments

Supreme Court

Civil Dispute, Not Crime: SC Quashes FIR Against Businessman Calls It a Contract Issue

The Supreme Court quashed an FIR alleging cheating (Section 420 IPC) and criminal breach of trust (Section 406 IPC), holding that unpaid export transactions constituted a civil dispute, not a criminal offense. The Court emphasized that mere breach of contract, without dishonest intent at inception, cannot attract criminal liability. It ruled that the exporter (M/s. Oswal Overseas), not the accused, was the entrusted party, and the complainant failed to establish fraudulent inducement or entrustment under Sections 405/415 IPC. The judgment reaffirmed that criminal proceedings cannot remedy purely contractual disputes. Facts Of The Case: The case involved a business dispute between Ashok Kumar Jain (appellant), director of a Sri Lankan export-import firm, and a Gujarat-based textile trader...