Tag: Section 482 CrPC

Supreme Court: Disputed No-Dues Certificate Can’t Be Ground to Quash Criminal Proceedings
2Mar By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Disputed No-Dues Certificate Can’t Be Ground to Quash Criminal Proceedings

The Supreme Court held that criminal proceedings cannot be quashed where allegations prima facie disclose essential ingredients of an offence. The power under Section 482 CrPC is sparing; disputed documents like No-Dues Certificate cannot be relied upon at pre-trial stage. Civil remedy coexistence doesn't bar prosecution if allegations support criminal liability. Facts Of The Case: The dispute in this case arose from contractual and financial dealings between the appellant (accused no. 2) and respondent no. 2 (complainant) concerning construction work undertaken between 2008 and 2010. A No Dues Certificate was issued by respondent no. 2 on 10.06.2010 and acknowledged on 12.06.2010, recording that no payments were outstanding. Subsequently, disputes emerged between the parties, leading to...
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Supreme Court: High Court Approval Must for Withdrawing Cases Against MPs and MLAs
27Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court: High Court Approval Must for Withdrawing Cases Against MPs and MLAs

The Supreme Court held that for withdrawing prosecution against sitting or former MPs/MLAs, the State must seek the High Court's permission under the mandate of Ashwini Kumar Upadhyay. The Public Prosecutor must disclose all reasons for seeking withdrawal, enabling the High Court to apply its judicial mind and pass a reasoned order. Facts Of The Case: The appellant, Bal Kumar Patel @ Raj Kumar, was the subject of multiple First Information Reports (FIRs) registered in June 2007 at Police Station Kotwali Nagar, Raebareli. These included Case Crime No. 656/07 and others under Sections 25, 27, 30 of the Arms Act, as well as Sections 420, 467, 468, and 471 of the Indian Penal Code concerning an arms license. Following investigation, a chargesheet was filed, and the Chief Judicial Magistrate,...
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When One Accused Gets Relief, Others Should Too: Supreme Court Quashes FIR in Land Grab Case
26Feb By The Legal ChamberNo Comments
Supreme Court

When One Accused Gets Relief, Others Should Too: Supreme Court Quashes FIR in Land Grab Case

In this judgment, the Supreme Court quashed criminal proceedings against the appellants based on the principle of parity. Since co-accused in the same FIR had already been granted relief under Section 482 CrPC by the High Court—a decision which had attained finality—the Court held the same benefit must extend to the appellants. Facts Of The Case: Vasanthi, sister of respondent No. 2/complainant, availed a loan of Rupees Twenty Lakhs from appellant No. 2 (accused No. 5). As security for the said loan, Vasanthi executed a Power of Attorney in favour of appellant No. 1 (accused No. 4) concerning a property measuring 1980 sq. ft. situated at Villanur Revenue Village. It was alleged that appellant No. 1 fraudulently executed a sale deed in respect of the suit property in favour of h...
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Supreme Court Draws the Line: When a Business Dispute Becomes a Civil, Not Criminal, Matter
10Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Draws the Line: When a Business Dispute Becomes a Civil, Not Criminal, Matter

The Supreme Court quashed criminal proceedings under Sections 406/420 IPC, holding that the complaint failed to establish essential ingredients. Allegations did not demonstrate dishonest inducement for cheating nor fraudulent misappropriation for criminal breach of trust. The Court emphasized that criminal law cannot be used to settle civil disputes or for vindictive prosecution. Facts Of The Case: The appellant, Inder Chand Bagri, and four others, including the complainant-respondent No. 1 Jagadish Prasad Bagri, formed a partnership firm in 1976. The appellant contributed his land to the firm for constructing godowns, which were leased to the Food Corporation of India. A supplementary agreement in 1981 permitted the appellant to use the land for his benefit, stipulating it would r...
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Supreme Court Rules: Delayed Investigations Violate Fundamental Rights
9Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Delayed Investigations Violate Fundamental Rights

In this appeal, the Supreme Court allowed the petition and quashed the criminal proceedings against the appellant. The Court held that the prosecution sanction under Section 197 CrPC was a non-speaking order devoid of application of mind and was therefore invalid. Furthermore, the inordinate delay of over 11 years in completing the investigation violated the appellant's fundamental right to a speedy trial under Article 21 of the Constitution. Facts Of The Case: The case originates from the alleged irregular issuance of arms licenses in 2004-2005 when the appellant, an IAS officer, served as the District Magistrate-cum-Licensing Authority in Saharsa, Bihar. An FIR was registered in 2005 alleging that licenses were granted to unfit, non-resident, and even fictitious persons without p...
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Supreme Court: Amicable Settlement Leads to Full Quashing of FIR, Including Dacoity Charge
4Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Amicable Settlement Leads to Full Quashing of FIR, Including Dacoity Charge

The Supreme Court quashed an FIR for dacoity (BNS S. 310(2)/IPC S. 395) as the alleged acts lacked dishonest intention for theft/robbery—a prerequisite for dacoity. The Court held that subsequent full restitution and amicable settlement with the complainant negated the core criminal intent, rendering the entire prosecution unsustainable. Facts Of The Case: The complainant, a school clerk, alleged that on October 4, 2024, six to seven unknown persons entered P.G. Public School in Nandurbar. They demanded specific Engineering and B.A.M.S. files, assaulted and intimidated staff, and forcibly took a cheque book, blank letterheads, stamps, cash (Rs. 1,50,000), and a computer. The accused were allegedly searching for institutional documents, and the taking of property was incidental. Subsequen...
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Public vs. Private Wrong: Supreme Court Explains Why Bank Fraud Cases Can’t Be Quashed Just Because Bank Settled
2Feb By The Legal ChamberNo Comments
Supreme Court

Public vs. Private Wrong: Supreme Court Explains Why Bank Fraud Cases Can’t Be Quashed Just Because Bank Settled

The Supreme Court held that criminal proceedings involving serious economic offences, especially those under the Prevention of Corruption Act, cannot be quashed merely because a financial settlement or one-time settlement has been reached with the bank. Such offences constitute a crime against society at large, and quashing would be contrary to the interests of justice. Facts Of The Case: An FIR was registered in 2015 following a complaint by the State Bank of Bikaner and Jaipur. The bank alleged that M/s Sarvodaya Highways Ltd. had fraudulently secured credit facilities of ₹60 crores by submitting fabricated work orders and financial statements to project a false financial standing. An internal inquiry later declared the account a Non-Performing Asset, uncovering an alleged fraud of...
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Supreme Court Sets Aside Quashing of Dowry Case, Reiterates Limits of High Court’s Power
21Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Sets Aside Quashing of Dowry Case, Reiterates Limits of High Court’s Power

The Supreme Court held that the High Court erred in quashing criminal proceedings under Section 482 CrPC by conducting a "mini-trial" on the credibility of allegations. The power to quash an FIR is to be exercised sparingly and only when allegations, taken at face value, disclose no cognizable offence. The existence of prima facie allegations necessitates permitting the investigation to proceed. Facts Of The Case: The appellant, Muskan, married respondent No. 1, Ishaan Khan, on 20.11.2020. After five to six months of marriage, she alleged that her husband and his family (respondents 1 to 5) began harassing and taunting her for insufficient dowry. Specific incidents included being slapped by her brother-in-law on 22.07.2021 and, on 27.11.2022, her husband demanding Rs. 50 lakhs from h...
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Supreme Court Revives Forgery Case: Fake Stamp Paper Probe Must Go On
19Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Revives Forgery Case: Fake Stamp Paper Probe Must Go On

The Supreme Court held that a Magistrate's referral under Section 156(3) CrPC for police investigation is justified when a complaint discloses a cognizable offence and such a direction is conducive to justice. The High Court's orders quashing the referral were set aside, emphasizing that the police must be allowed to investigate prima facie allegations of forgery and fabrication of documents. Facts Of The Case: The appellant, Sadiq B. Hanchinmani, filed a civil suit claiming ownership of a property via an oral gift from his father, challenging a registered sale deed in favour of accused No. 1, Veena. The suit was dismissed in 2013. During the pendency of his appeal (RFA No. 4095/2013) before the High Court, a status quo order on the property's title and possession was initially granted b...
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Supreme Court Protects Religious Freedom: Quashes Multiple UP Conversion FIRs
2Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Protects Religious Freedom: Quashes Multiple UP Conversion FIRs

This Supreme Court judgment quashed multiple FIRs under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, holding that the unamended Section 4 restricted lodging of complaints only to aggrieved persons or their relatives. The Court found the subsequent FIRs were impermissible as they pertained to the same incident, violated the principle against multiplicity of proceedings, and were an abuse of process. Facts Of The Case: The case involves a batch of petitions and appeals concerning six FIRs registered under the Indian Penal Code and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The primary FIR (No. 224/2022) was lodged on 15.04.2022 at the instance of Himanshu Dixit, a Vice President of the Vishwa Hindu Parishad, alleging mass reli...
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