Vexatious prosecution - The Legal Chamber

The Supreme Court, invoking its inherent powers under Section 482 CrPC/Section 528 BNSS, quashed the FIR and chargesheet. It ruled that criminal proceedings manifestly attended with mala fide and initiated with an ulterior motive for vengeance after prior complaints against the complainant constitute a clear abuse of the legal process. Facts Of The Case: The case involved the appellant, Surendra Khawse, and the complainant, who were colleagues at a municipal corporation. Their friendly relationship progressed into a consensual physical intimacy. The complainant, who was previously married and had a son, alleged that the appellant had sexual relations with her on multiple occasions between March 15 and April 10, 2023, based on a false promise of marriage. She claimed that when she later i...

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...

Tag: Vexatious prosecution

False Promise of Marriage” or Vengeance? Supreme Court Weighs In on Key Legal Issue

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