Tag: Vague Allegations

Supreme Court Quashes FIR Against In-Laws, Says Vague Allegations in 498A Case Are Not Enough
25Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR Against In-Laws, Says Vague Allegations in 498A Case Are Not Enough

The Supreme Court quashed the FIR under Section 498-A, 377, and 506 read with Section 34 IPC against the in-laws. It held that general and vague allegations, without specific details of cruelty or unlawful demands, do not constitute a prima facie case. The Court reiterated that proceedings without such foundational ingredients amount to an abuse of the process of law. Facts Of The Case: The appellants, who were the father-in-law, mother-in-law, and sister-in-law of the complainant, sought the quashing of an FIR registered against them. The FIR alleged offences under Sections 498-A (cruelty), 377 (unnatural sex), and 506 (criminal intimidation) read with Section 34 (common intention) of the Indian Penal Code. The marriage between the complainant and the appellants' son/brother took place ...
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Supreme Court: Long Judgment Isn’t a Flaw If Quashing is Justified, Dismisses Telangana’s Plea
22Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Long Judgment Isn’t a Flaw If Quashing is Justified, Dismisses Telangana’s Plea

The Supreme Court upheld the High Court's order quashing criminal proceedings, emphasizing that the FIR and complaint failed to disclose a cognizable offense against the accused. The Court found the allegations vague, unsubstantiated, and lacking any material to connect the accused to the crime, making the case unsustainable. Facts Of The Case: The case originated from a written complaint dated May 28, 2015, by a Member of the Legislative Assembly (MLA) to the Anti-Corruption Bureau in Hyderabad. He alleged that the fourth accused (A4), Jerusalem Mathai, had offered him Rs. 2 crores and a ticket to leave the country to abstain from voting in the upcoming Member of Legislative Council (MLC) elections. A subsequent paragraph in the same complaint mentioned a higher offer of Rs. 5 crores fr...
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Supreme Court Quashes FIR in Property Dispute, Says Mere Breach of Contract Isn’t Cheating
19Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR in Property Dispute, Says Mere Breach of Contract Isn’t Cheating

The Supreme Court quashed criminal proceedings under Sections 406 and 420 IPC, holding that mere breach of contract does not constitute a criminal offence absent proof of dishonest intent at the inception. The allegations disclosed only a civil dispute, and continuing criminal prosecution amounted to an abuse of the process of the court. Facts Of The Case: The appellant, Arshad Neyaz Khan, entered into an agreement to sell his property to the complainant, Md. Mustafa, in February 2013 for a consideration of Rs. 43,00,000, out of which an advance of Rs. 20,00,000 was paid. Nearly eight years later, in January 2021, the complainant filed a criminal complaint alleging that the appellant had failed to either transfer the property or refund the advance amount, accusing him of cheating, crimin...
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Allegations Must Be Specific: Supreme Court’s Warning Against Misuse of Dowry Law
15Nov By The Legal ChamberNo Comments
Supreme Court

Allegations Must Be Specific: Supreme Court’s Warning Against Misuse of Dowry Law

In a significant ruling, the Supreme Court quashed criminal proceedings under Sections 323, 498A IPC and the Dowry Act against a brother-in-law, emphasizing that vague and omnibus allegations without specific instances of cruelty or harassment do not constitute a prima facie case. The Court reiterated the legal principles from State of Haryana v. Bhajan Lal, cautioning against the misuse of criminal provisions in matrimonial disputes and underscoring the necessity for concrete allegations to initiate prosecution. Facts Of The Case: The case originated from an FIR lodged by Smt. Jyoti Garg (Respondent No. 2) against her husband, mother-in-law, and her brother-in-law, Shobhit Kumar Mittal (the Appellant). The complainant alleged that within days of her marriage in 2014, she was harassed fo...
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Supreme Court Slams Misuse of Criminal Law to Settle Civil Disputes, Quashes Proceedings
4Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slams Misuse of Criminal Law to Settle Civil Disputes, Quashes Proceedings

The Supreme Court quashed criminal proceedings under Section 420 IPC, ruling that a mere breach of contract does not constitute cheating. The essential ingredient of a dishonest intention at the inception of the agreement was absent. Allegations of supplying non-conforming goods disclosed only a civil dispute, not a criminal offense, making the FIR unsustainable. Facts Of The Case: The case originated from a business transaction dated 12.12.2017, where M/s Soma Stone Crusher (complainant) agreed to purchase a 'sand rrulla machine' from M/s Saini Engineering Works, run by Sarabjit Singh. An advance of ₹5,00,000 was paid via cheque. The complainant alleged that the appellant, Paramjeet Singh, acting on behalf of his brother, had assured that the machine would meet specific specifications (...
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Supreme Court Rules: Vague and Omnibus Aren’t Grounds to Quash FIR If Specific Allegations Exist
9Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Vague and Omnibus Aren’t Grounds to Quash FIR If Specific Allegations Exist

The Supreme Court held that the High Court erred in quashing the FIR under Section 482 CrPC, ruling that the allegations contained specific details of dowry demands with dates and particulars, which prima facie disclosed offences under the Dowry Prohibition Act, 1961. The Court clarified that factual defences like misrepresentation are to be adjudicated at trial and cannot be grounds for quashing at the preliminary stage. Facts Of The Case: The case originated from an FIR lodged by the first appellant, Krishnakant Kwivedy, against the respondents for offences under the Dowry Prohibition Act, 1961. The complaint alleged that negotiations for the marriage between the second appellant (Kwivedy's daughter) and the fifth respondent broke down due to dowry demands. Specific allegations w...
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Marriage Dead: Supreme Court Dissolves Union, Quashes 498A Case in Landmark Irretrievable Breakdown Ruling
6Sep By The Legal ChamberNo Comments
Supreme Court

Marriage Dead: Supreme Court Dissolves Union, Quashes 498A Case in Landmark Irretrievable Breakdown Ruling

The Supreme Court, invoking its extraordinary power under Article 142 of the Constitution, dissolved the marriage on the ground of irretrievable breakdown. It quashed the pending criminal proceedings under Section 498-A IPC, finding the allegations to be vague and arising from marital discord, while upholding the terms of a settlement agreement for a clean break. Facts Of The Case: The marriage between Anurag Goel (appellant-husband) and the second respondent (wife) took place on July 25, 2015, following prior divorces for both. After approximately one year and nine months of conjugal life, the relationship soured. The husband alleged constant harassment, leading him to abandon the matrimonial home—a Mumbai apartment he owned—in April 2017 to move to Faridabad with his autistic child fro...
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