Tag: Section 482 CrPC

Supreme Court Shields Daughters-in-Law from Criminal Case Over Property Will
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Shields Daughters-in-Law from Criminal Case Over Property Will

The Supreme Court quashed criminal proceedings under Sections 419, 420, 467, 468, and 471 IPC, ruling the allegations did not prima facie constitute the alleged offences. Relying on Bhajan Lal, it held that criminal process cannot be used to settle civil disputes, as it amounts to an abuse of the court's process. Facts Of The Case: A testator, Shri Ram Baksh Dubey, executed an unregistered will in 1993 bequeathing his property to his four daughters-in-law, apprehensive that his third son, Ashish Kumar, would squander the estate. After the testator’s death in 1994, Ashish Kumar sold his purported share to the complainant, Balram, via a registered sale deed. The daughters-in-law, unaware of this sale, successfully obtained a mutation order in their favor based on the will. When Balram inte...
Read More
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...
Read More
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...
Read More
Can’t Reopen Closed Cases Without New Proof: Supreme Court’s Landmark Ruling for Sportspersons
23Aug By The Legal ChamberNo Comments
Supreme Court

Can’t Reopen Closed Cases Without New Proof: Supreme Court’s Landmark Ruling for Sportspersons

The Supreme Court quashed the FIR, ruling the allegations of forgery and cheating did not disclose the essential ingredients of Sections 420, 468, or 471 IPC. It held that continuing the prosecution, after prior exoneration by competent authorities without new evidence, constituted a clear abuse of the legal process. Facts Of The Case: In 2022, a private complaint was filed by Nagaraja M.G. alleging that badminton players Chirag Sen and Lakshya Sen, their parents, and their coach, Vimal Kumar, had conspired to falsify the players’ dates of birth to gain illegal entry into age-restricted tournaments. The complaint was based primarily on an alleged 1996 GPF nomination form. Following a magistrate's order under Section 156(3) of the CrPC, the Bengaluru Police registered an FIR for offences ...
Read More
Can’t Go Straight to the Magistrate? Supreme Court Explains the Right Way to File an FIR When Police Refuse
23Aug By The Legal ChamberNo Comments
Supreme Court

Can’t Go Straight to the Magistrate? Supreme Court Explains the Right Way to File an FIR When Police Refuse

The Supreme Court upheld that a Magistrate's order under Section 156(3) CrPC directing FIR registration, even if passed without the informant first approaching the Superintendent of Police, is a mere procedural irregularity and not illegal. The Court affirmed that such an order must be a reasoned one reflecting application of mind, and refused to quash the FIR at the chargesheet stage, leaving the matter for trial. Facts Of The Case: Based on a Memorandum of Understanding (MoU) from 1995, a financial dispute arose between M/s Sunair Hotels Ltd. (SHL) and VLS Finance Ltd. (VLS). SHL alleged that VLS officials had fraudulently induced them into the agreement by promising a public issue that was impossible under SEBI guidelines. After VLS filed several criminal complaints against SHL for fi...
Read More
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...
Read More
Abuse of Legal Process? : Supreme Court Quashes Second Petition , Not Allowed Without New Grounds
18Aug By The Legal ChamberNo Comments
Supreme Court

Abuse of Legal Process? : Supreme Court Quashes Second Petition , Not Allowed Without New Grounds

The Supreme Court ruled that a second quashing petition under Section 482 CrPC is impermissible if based on grounds available during the first petition, as it effectively amounts to a review barred under Section 362 CrPC. The Court emphasized that inherent powers cannot override statutory prohibitions, preventing abuse of legal process through successive petitions. The judgment reaffirmed that change in circumstances or new grounds must be demonstrated for entertaining subsequent quashing petitions, ensuring judicial discipline and preventing harassment via repetitive litigation. The High Court's order allowing a second petition was set aside, restoring the criminal complaint for trial. Facts Of The Case: The case involves a dispute between the appellant, M.C. Ravikumar, and the respon...
Read More
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...
Read More
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...
Read More
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 ...
Read More