Section 482 CrPC Quashing - The Legal Chamber

The Supreme Court quashed criminal proceedings under Sections 186 (obstruction) and 353 IPC (assault on public servant) against anti-trafficking activists, holding the allegations lacked mens rea and essential ingredients of the offences. It ruled the prosecution was legally barred under Section 195 CrPC (requiring complaint by aggrieved public servant) and non-cognizable without magistrate approval under Section 155(2) CrPC. The Court emphasized that inherent powers under Section 482 CrPC must prevent vexatious prosecutions, especially where prima facie allegations fail to disclose offences. The judgment reaffirmed that disputed facts in FIRs must be scrutinized to safeguard liberty against abuse of process. Facts Of The Case: The case involved Umashankar Yadav and another appellant, me...

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...

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Supreme Court Protects NGO Workers: Quashes Criminal Case Against Anti-Trafficking Activists, Slams ‘Vexatious Prosecution'”

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