Tag: Settlement Between Parties

Breaking: Supreme Court Invokes Article 142 to Quash Rape Case After Accused and Prosecutrix Marry
Supreme Court

Breaking: Supreme Court Invokes Article 142 to Quash Rape Case After Accused and Prosecutrix Marry

In this judgment, the Supreme Court exercised its plenary power under Article 142 of the Constitution to quash an entire criminal proceeding, including the conviction and sentence, to secure complete justice. The Court reasoned that since the parties had married and were residing together, continuing the prosecution would be counterproductive. Consequently, the pending appeal before the High Court was rendered infructuous. Facts Of The Case: The appellant and the prosecutrix first connected in 2015 through a social media platform, where they developed a mutual fondness for each other. This relationship eventually progressed into a consensual physical relationship, which the prosecutrix later claimed was based on the appellant's alleged false promise of marriage. When the appellant sought...
Supreme Court Quashes FIR in Land Deal Fraud Case Citing Civil Settlement
Supreme Court

Supreme Court Quashes FIR in Land Deal Fraud Case Citing Civil Settlement

In this judgment, the Supreme Court exercised its plenary power under Article 142 of the Constitution to quash criminal proceedings solely against the appellant, based on a full and final settlement between the private parties. The Court clarified that such quashing would not impede the prosecution of other accused, who must be pursued independently. Facts Of The Case: The case originated from a dispute over the sale of a plot of land in Burari, Delhi. Respondent No. 2, while searching for land to build a house, was introduced by the appellant, Mool Chand, who claimed to be a reputed real estate agent. The appellant represented that he had an encumbrance-free plot suitable for the complainant, owned by his associate, accused No. 2, who needed urgent funds. Consequently,...