Abetment to suicide
Mere occasional harassment or misbehavior does not amount to abetment to suicide: MP High Court
In a Criminal Revision petition filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973, challenging the framing of charges under against the petitioner for abetment to suicide under Section 306 read with Section 34 of the Penal Code, 1860, a single-judge bench of Sanjeev S. Kalgaonkar, J., set aside the order framing charges against the petitioner and held that “mere occasional harassment or misbehavior does not amount to abetment to suicide.” Read more
‘S.115(1) of Mental Healthcare Act overrides S.309 IPC’; Bombay HC quashes FIR u/s 309 IPC against woman who attempted to commit suicide under stress
In a case wherein, an application was filed seeking to quash FIR registered for the offence punishable under Section 309 of the Penal Code, 1860 (‘IPC’) against applicant for attempting to commit suicide, the Division Bench of Vinay Joshi* and Vrushali V. Joshi, JJ., opined that the act of applicant taking knife and causing injury to herself was an instance of committing the act under mental stress and thus, held that in view of Section 115(1) of the Mental Healthcare Act, 2017 (‘the 2017 Act’) which had an overriding effect on Section 309 of IPC, applicant could not be tried for the offence of Section 309 of IPC. Read more
Bail/Parole
Delhi High Court grants bail to co-accused in murder case who purchased mobile and SIM card with a fake Aadhaar
In a bail application filed to seek regular bail in a case registered under Sections 365/302/201/419/471/120-B/34 of the Penal Code, a Single Judge Bench of Manoj Kumar Ohri, J. found it fit to release the applicant on regular bail considering the fact that his role was only of buying a SIM card with a fake Aadhaar after the alleged murder of the deceased girl. Read more
“Drug Addicts are added burden to law-abiding population”: Rajasthan High Court; denies bail due to risk of re-offending
In a bail application filed in connection with FIR registered after a search and seizer of 25.41 grams of Methylene Dioxy Methamphetamine (MDMA) from accused petitioner’s vehicle, a single-judge bench of Ganesh Ram Meena, J., denied bail application due to the lack of reasonable grounds to believe in the petitioner’s innocence and the potential risk of re-offending. The Court also emphasised on the need to adhere to statutory provisions while considering the societal impact of drug-related offenses. Read more
Planned hunting of Schedule-I animal like Tiger is grave threat to wildlife and forests; MP High Court denies bail
Rejecting the bail application in a matter registered at State Tiger Strike Force, Jabalpur for hunting a Schedule-I animal, a single-judge bench of Dinesh Kumar Paliwal, J., held that hunting a Schedule-I animal like a tiger, especially in a planned manner, is a grave offence that poses a significant threat to wildlife and forests. Read more
Balancing victim’s safety and accused rights, Rajasthan High Court grants parole away from Rape survivor’s residence
In a writ petition seeking 15-day parole by the petitioner who is currently incarcerated in Central Jail, Udaipur for rape of his daughter, a division bench of Munnuri Laxman and Dr. Pushpendra Singh Bhati, JJ., allowed the petition and granted the petitioner a 15-day parole under specified conditions. Read more
Delhi High Court grants bail to Chief Business Strategy Officer of IL&FS Securities Services Ltd. in Dalmia Cements fraud case
In a bail application filed by the Head of the Business Department and the Chief Business Strategy Officer of the IL & FS Securities Services Ltd. under Section 439 of the Code of Criminal Procedure, 1973 to seek regular bail in connection to a First Information Report registered under Sections 420/409/467/471/120-B/34 of the Penal Code, 1860, a Single Judge Bench of Vikas Mahajan, J. noted that the custody of the Officer was no longer required and hence granted him regular bail. Read more
Patna HC grants bail to ISKCON monk, a Nigerian citizen allegedly travelling India without a valid visa
In the present case, petitioner along with three Nepali citizens was caught inside India on the Nepal Border and it was alleged that petitioner being a Nigerian citizen was travelling without a valid travel document. It was also alleged that no passport, Visa, or valid document was recovered from petitioner and other co-accused and they entered India illegally. Thus, petitioner seeks bail in a case registered for the offence punishable under Sections 420, 467, 468, 471, 120-B and 212/34 of the Penal Code, 1860; Section 14 of the Foreigner Act, 1946 and Section 12 of the Passport Act, 1967. Read more
Bombay HC denies bail to BRAHMOS former engineer convicted for sharing secret information of BRAHMOS Missiles to Pakistan
In the present case, an application was filed in terms of Section 389(1) of the Criminal Procedure Code, 1973, seeking appellant’s suspension of execution of sentence and for enlargement on bail during pendency of appeal. Appellant was charged for the offences punishable under Section 66-F of the Information Technology Act, 2000 (‘the IT Act’); and Sections 3(1)(c), 5(1)(a), 5(1)(b), 5(1)(c), 5(1)(d) and 5(3) of the Official Secrets Act, 1923 registered with ATS Uttar Pradesh, Lucknow. Read more
Delhi Excise Liquor Policy Scam| Supreme Court grants bail to Manish Sisodia in both ED and CBI cases
In a set of two criminal appeals by Delhi’s former Deputy Chief Minister Manish Sisodia against Delhi High Court’s decisions, whereby his applications for bail in the Delhi Excise Liquor Policy Case was dismissed, the Division Bench of BR Gavai* and KV Viswanathan, JJ. granted him bail in both the cases registered by the Central Bureau of Investigation and the Directorate of Enforcement under the Prevention of Corruption Act, 1988 and the Prevention of Money Laundering Act, 2002, respectively. Read more
“Bail is the rule, Jail is an exception” Supreme Court reiterates; Grants conditional bail to person accused under UAPA
In the instant matter wherein, the appellant who was being prosecuted for offences punishable under provisions of Penal Code, 1860 and Sections 13, 18, 18-A and 20 of the Unlawful Activities (Prevention) Act, 1967; had applied for bail before the Patna High Court, which was rejected. The Division Bench of Abhay S. Oka* and Agustine George Masih, JJ., while hearing the instant appeal challenging the impugned judgment of Patna High Court, emphatically reiterated that when a case is made out for a grant of bail, the Courts should not have any hesitation in granting bail. “The allegations of the prosecution may be very serious, but the duty of the courts is to consider the case for grant of bail in accordance with the law. “Bail is the rule, and jail is an exception is a settled law”. Read more
Bestiality
Allahabad High Court rejects second bail application of a man accused of committing unnatural sex with cows
In a second bail application filed by the accused seeking bail for offence under Section 377 of the Penal Code, 1860 (‘IPC’), Piyush Agrawal,J. without expressing any opinion on the merit of the case, refused to grant bail. Read more
Contempt of Court
‘Appearing before Court in drunken state is unpardonable’; Delhi High Court holds advocate guilty of criminal contempt
In a criminal contempt case against an advocate who had used derogatory and filthy language in open court while in a drunken state, a Division Bench of Pratibha M. Singh* and Amit Sharma, JJ. held the advocate guilty of criminal contempt but refrained from imposing a sentence since he had already served a sentence of more than 5 months on the same allegations and happenings. Read more
Conviction/Acquittal
‘Son did not think twice before killing his creator’; Orissa HC upholds man’s conviction for strangulating and beheading mother
In an appeal under Section 374 of the Code of Criminal Procedure, 1973 against Trial Court’s decision for founding the convict guilty of killing his mother and sentenced to imprisonment for life, the Division Bench of S.K. Sahoo and Chittaranjan Dash, JJ., upheld the Trial Court’s decision relying upon the minor child’s witness which clear, cogent, reliable and trustworthy, and moreover corroborated by the medical evidence. An FIR was lodged in 2008 alleging that the convict committed the murder of his mother by severing her head and threw the body in the backyard of his house. The convict faced trial for commission of offence punishable under Section 302 of the Penal Code, 1860 for killing his mother. The Trial Court on finding the convict guilty sentenced him to undergo imprisonment for life. Read more
“Accused’s right to lead defense evidence cannot be curtailed”: J&K High Court; sets aside conviction; remands Acid Attack case to Trial Court
In an appeal against the trial court’s order of conviction and sentence on the grounds that the trial court failed to comply with Section 342 of the Criminal procedure Code, 1989 [CrPC (J&K)] by not properly recording the statements of the accused and not informing them of their right to defense, a single-judge bench of Vinod Chatterji Koul, J., set aside the order of conviction and sentence imposed by the trial court and remanded back the matter to the trial court for further proceedings, with the directions to ensure compliance with the necessary legal procedures. Read more
‘Victim abused the judicial process by filing a false FIR’: Madras HC acquits rape convict after noting that victim has a second child with him
In a criminal appeal filed by the convict to set aside the judgment of conviction and sentence imposed by an order passed by the District Mahila Sessions Court, under which the Sessions Judge has convicted and sentenced the convict for the offences under Sections 376(2)(n), 450 and 506(i) of the Penal Code, 1860, N. Seshasayee, J. acquitted the rape convict after the victim ended up having a second child with him months after they were sent to mediation for a solution regarding the upbringing of the first child. Further, the Court further said that, in the instant case, the prosecution has not been able to establish that there indeed was a crime. In fact, there is an abuse of judicial process when the victim set the criminal law in motion, perhaps with a false FIR. Read more
Supreme Court acquits persons accused in 13-year-old murder case as prosecution fails to establish guilt convincingly
While considering the instant appeals challenging the impugned judgments of Trial Court and Gujarat High Court convicting the accused persons under Section 302 read with Section 120-B of Penal Code, 1860; the Division Bench of B.R Gavai and Sandeep Mehta*, JJ., acquitted the accused of all charges holding that the prosecution failed to lead convincing evidence establishing the guilt of the accused persons beyond all manner of doubt to hold them responsible for the crime. Therefore, the Court decided that the accused persons deserve to be acquitted by giving them the benefit of doubt. Read more
Forceful religious conversion
Allahabad High Court denies bail to Maulana accused of performing Nikaah after forced conversion to Islam
In a bail plea filed for offences under Section 3 read with Section 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Rohit Ranjan Agarwal,J. after noting that the applicant who falls under the definition of religion convertor, had got the Nikaah ceremony of the informant performed with accused. Further, the necessary declaration to be obtained before conversion, given in Section 8 of Act, 2021, was not obtained from the DM, as mandated under the Act, held that prima facie an offence under Act, 2021 is made out, and bail cannot be granted. Read more
Necessary to give message to society that Courts are vigilant to regulate forcible religious conversion of underprivileged women & children: Karnataka HC
While considering the instant criminal appeal challenging the rejection bail by the Trial Court in a case concerning sexual assault and forced religious conversion, the Bench of S. Rachaiah, J.*, rejected the appeal stating that in the instant case, the act of inducing innocent and poor women and forcibly converting to Islam is serious development. Therefore, in order to avoid such bad development, it is necessary to give message to society that Courts are vigilant to regulate such activities and guarding the innocent and underprivileged women and children of the society. Read more
Interpretation of statutes
‘Ss. 3 and 5 of the POCSO Act are offences regardless of gender of offender’; Delhi HC puts woman to trial for committing ‘aggravated penetrative sexual assault’
In a revision petition filed under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) against an order dated 14-03-2024 wherein a charge was framed against the petitioner by the Additional Sessions Judge, Saket Court, New Delhi under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), a Single Judge Bench of Anup Jairam Bhambhani, J. held that the acts mentioned in Sections 3 and 5 of the POCSO Act were an offence regardless of the gender of the offender. Read more
Whether a father can be booked for offence of kidnapping for taking away his own minor child from the custody of the mother? Karnataka HC answers
While hearing the instant petition seeking to quash the FIR registered against the petitioner by Khadebazar police station, Belagavi, under Section 363, Penal Code, 1860 for allegedly taking away his 2-year-old minor son from the house of his estranged wife, thereby committing the offence of kidnapping; the Bench of Venkatesh Naik T., J.*, perusing the relevant provisions under Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956, pointed out that, a father is a natural guardian of a minor in the absence of any order otherwise passed by a Court of competent jurisdiction. The Court further stated that the father of a child will not come within the scope of S. 361 of IPC, even if he takes away the child from the custody of the mother. Read more
‘Sad that even after years, Courts do not understand the fine distinction’; SC breakdowns key differences & ingredients of criminal breach of trust and cheating
In a criminal appeal against Allahabad High Court’s decision, whereby the application of the present accused entity Delhi Race Club (1940) and its Secretary and President/ accused persons to quash the summoning order passed by the Additional Chief Judicial Magistrate, was dismissed, the Division Bench of JB Pardiwala* and Manoj Misra, JJ. allowed the appeal and set aside the impugned order holding that the entity being a body corporate was liable and Penal Code does not contain any provision for attaching vicarious liability on the part of Secretary and President of the Club who are accused 2 and 3 herein. Read more
Section 216 CrPC does not give any right to accused to file fresh application seeking his discharge post framing of charges: Supreme Court
While considering the instant appeal wherein the Division Bench of Bela M. Trivedi* and Satish Chandra Sharma, JJ., took note of the respondent’s attempt to derail criminal proceedings against him by filing frivolous applications and stated that Section 216 of CrPC does not give any right to the accused to file a fresh application seeking his discharge after the charge is framed by the court, more particularly when his application seeking discharge under Section 227, CrPC has already been dismissed. The Court further reiterated that Section 216, CrPC is an enabling provision which enables the Court to alter or add to any charge at any time before judgment is pronounced; and if any alternation or addition to a charge is made, the Court must follow the procedure as contained in the provision. Read more
Lapse in Investigation
Callous investigation in sexual assault case brought before Additional Chief Secretary (Home Dept.); Bombay HC directs strict remedial measures
The instant application was made under the provisions of Section 482 of the Code of Criminal Procedure, 1973, for the quashing of First Information Report registered against the accused for the offences punishable under Sections 354, 354-B, 504, 506 and 509 of the Penal Code, 1860. The Division Bench of A.S. Gadkari and Dr. Neela Gokhale, JJ., presided, wherein the FIR revealed that in addition to the informant, who was a victim of the afore-mentioned offences, her daughter was also a victim of the same offences. The Court noted that the accused had allegedly abused the informant and her daughter in filthy language, and tried to assault the daughter, tearing her dress and attempting to undress her. Read more
‘Sluggish Investigation’; Uttaranchal HC grants default bail to accused persons in Haldwani Violence Case
In the present case, various appeals were filed under Section 21(4) of the National Investigation Agency Act, 2008 against order dated 11-05-2024, passed by the Ist Additional Sessions Judge, Haldwani, whereby the Sessions Judge, extended the period of investigation and detention of appellants beyond 90 days and the order dated 24-05-2024, passed by the Sessions Judge, whereby bail applications of appellants for release on default bail were rejected. Read more
LGBTQIA+ Rights
Delhi HC directs Union to expeditiously decide on plea for restoring legal protection against non-consensual sexual acts in Bharatiya Nyaya Sanhita, 2023
In a Public Interest Litigation (‘PIL’) filed to seek issuance of directions to the Union of India (respondent) to restore legal protection against non-consensual sexual acts as was provided under the now-repealed Section 377 of the Penal Code, 1860 to ensure the safety and dignity of individuals, especially those from the LGBTQIA+ community, a Division Bench of Manmohan, ACJ. and Tushar Rao Gedela, J. directed the Union of India to treat the present petition as a representation and to decide the same as expeditiously as possible. Read more
Modification of charge/sentence
Read why Bombay HC changed husband’s conviction u/S. 307 to S. 308 for forcibly poisoning wife amidst a quarrel
The convict had challenged the judgment and order of Additional Sessions Judge, Solapur, dated 04-03-2020, convicting him of the offence punishable under Section 307 of the Penal Code, 1860; and sentenced him to rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000, in default of which, was to suffer rigorous imprisonment of one year. Further, the Trial Court also convicted him of the offence punishable under Section 504 of IPC, for which he was sentenced to suffer simple imprisonment for two years. Both the sentences were directed to run concurrently. The single-Judge Bench of Sarang V. Kotwal*, J., noted the evidence of the prosecution and concluded that the convict did not intend to murder the victim, and therefore, changed his conviction to Section 308 of IPC. Considering the sentence period of five and a half years already served by the convict, the Court ordered his release. Read more
Read why Gujarat HC dismissed Asaram Bapu’s plea for suspension of life sentence in rape case
In a criminal application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of sentence awarded to Asaram Bapu by the Trial Court for the offences punishable under Sections 376 and 377, 354, 342, 357, 506(2) of the Penal Code, 1860, the Division Bench of Ilesh J. Vora and Vimal K. Vyas, JJ. dismissed the application for suspension of sentence. Read more
Murder over a ‘Mango’: Supreme Court converts life imprisonment to 7 years rigorous imprisonment with fine
In a criminal appeal filed by the convicts against the Allahabad High Court judgment, wherein the Court upheld the conviction order of the convicts for murder, the Division Bench of Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. converted the conviction under Section 302 of the Penal Code, 1860 to that of Section 304 Part-I of IPC, and thereby converted the sentence of life imprisonment of all the convicts to that of seven years rigorous imprisonment along with a fine of Rs.25,000/- to be given by each convict within a period of eight weeks from today to the victim’s family. Read more
Outraging modesty of a woman
[Outraging the modesty of woman] “Words and gestures communicated through e-mails also falls within the ambit of S. 509 of IPC”: Bombay HC
In a criminal writ petition filed for quashing of a First Information Report registered by the Cyber cell for the offences punishable under Sections 354, 509 and 506(2) of the Penal Code, 1860, and Section 67 of the Information Technology Act, 2000, the Division Bench of A.S. Gadkari and Dr. Neela Gokhale*, JJ. refused to quash the FIR and found that the accused had committed the offences punishable under Section 509 of IPC, and Section 67 of the IT Act. However, offences punishable under Sections 354 and 506(2) of IPC were deleted from the FIR. The Court further remanded the matter to the Trial Court and requested to expedite the trial, given the age of the complainant. Read more
Plea Bargaining
Can plea bargaining extend to commission of a gender centric offence? Madras High Court answers
In a criminal original petition filed under Section 482 of the Code of Criminal Procedure Code, 1973 (‘CrPC’), to quash the charge sheet filed for offences under Sections 173, 294(b), 323, 342, 353, 427 of the Penal Code, 1860 (‘IPC’) and Section 4 of Tamil Nadu Prohibition of Women Harassment Act on the complaint given by a woman aged 53 years working as Junior Bailiff at District Court, Dr. G. Jayachandran, J. said that the term “offences against women” which is excluded from plea bargaining would mean only gender-centric or gender-neutral offences and not non-gender offences committed against women. Thus, only gender centric offences are excluded from the scope of plea bargaining. Read more
Practice and Procedure
Karnataka HC asks State Government to frame guidelines vis-a-vis issue of summons under S. 35 of Nagarik Suraksha Sanhita
While considering the instant petition questioning the notice issued to the petitioner by the Sub-Inspector of Police under Section 41(1)(a) of CrPC dated 6-6-2024, which was bereft of any reasons, the Bench of M. Nagaprasanna, J.*, stated that a citizen must know as to why he is being summoned. The Court further took note of the change criminal procedural regime in the form of corresponding Section 35 of Nagarik Suraksha Sanhita, 2023, which deals with Arrest of Persons. The Court therefore asked the State Government to issue guidelines drawing a check list for all those Station House Officers, who would summon any person under Section 35 of the BNSS. Read more
Punjab & Haryana HC directs State of Punjab to ensure that FIR must be registered whenever a complaint reflecting commission of cognizable offence is made
In a petition filed in public interest by a trust raising public cause regarding gross violation of the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, Sheel Nagu, J., stated that it was surprising to note that from the complaint made by the team of doctors, a prima-facie case for wrongfully restraining the team from doing their official duties was made out and both these offences were punishable under Sections 341 and 353 of the Penal Code, 1860. In the present case, the offence was neither special nor involved moral turpitude/complicated questions of fact. Therefore, the police were obliged to register an FIR, which was not done. Thus, the Court directed the State of Punjab to ensure that whenever a complaint is made which reflects commission of cognizable offence, an FIR ought to be registered and further ensure that the provisions of PNTD Act was followed in its letter and spirit. Read more
Provisions of CrPC and not of Nagarik Suraksha Sanhita 2023 (BNSS) will apply to a pending investigation prior to 01-07-2024: Bombay High Court
In the present petitions, the interpretation regarding the provisions of the Nagarik Suraksha Sanhita, 2023, and particularly, the repeal provision under Section 531 of the BNSS was under consideration. A Single Judge Bench of Bharat P. Deshpande, J., held that the investigation in the present FIR 1 of 2024 filed before the Economic Offences Cell shall continue under the provision of Criminal Procedure Code, 1973, and the bail application filed on 06-07-2024 by the Respondent 3 would be considered as application under Section 482 of BNSS. The Court, while dealing with application under Section 482 of BNSS 2023 had power to grant or refuse ad interim bail pending disposal of the main application. Read more
Section 311 CrPC| Can Prosecutrix be recalled for further Cross-Examination based on affidavit filed after her initial testimony? MP High Court answers
While dismissing an application filed under Section 482 of the Criminal Procedure Code, 1973 challenging trial court’s order rejecting applicant’s application to recall the prosecutrix for further cross-examination, a single-judge bench of Dinesh Kumar Paliwal, J., upheld the trial court’s decision to reject the request for recalling the prosecutrix for further cross-examination was correct and in accordance with the law. The Court held that, “an application under Section 311 of CrPC cannot be allowed to fill up the lacuna of prosecution or defence case and no prosecution witness can be called for examination/cross-examination merely because he/she filed affidavit contrary to his deposition made before the trial Court.” Read more
Appeal against Sessions Court order rejecting anticipatory bail in scheduled offences under NIA Act is maintainable before Division Bench of High Court: Jharkhand HC
In the present case, the question arose before the Court was whether an anticipatory bail application was maintainable before the regular Bench of High Court against the order passed by the Court of Additional Sessions Judge, whereby the petitioner’s anticipatory bail application for offences under Sections 4 and 5 of the Explosive Substances Act, 1908 was rejected. Rajesh Shankar, J., stated that looking to the gravity and seriousness of the offences under the Schedule of the National Investigation Agency Act, 2008, the legislature had made specific provision under Section 21 of the NIA Act for filing of appeal before the Division Bench of the High Court to expedite the hearing of such cases. Thus, the word “Special Court” as mentioned in section 21 of NIA Act had to be given purposive construction, so that the purpose of the provision as intended by the legislature might be achieved. Read more
Allahabad High Court asks Trial Courts to not issue certified copies of statements under S. 164 CrPC to any person till cognizance is taken
In a writ petition filed to quash the First Information Report (‘FIR’) registered for offences under Sections 363, 366 of the Penal Code, 1860 (‘IPC’) and for a direction to the Police to not arrest the petitioners in pursuance of the FIR, the division bench of Vivek Kumar Birla, and Arun Kumar Singh Deshwal, JJ. viewed that from the FIR, no offence under Section 366 IPC is made out, in as much as, both the petitioners are major and petitioner 1 had left her home with petitioner 2 willingly and is living with him as a married woman. Read more
Preventive detention
Apprehensive detention as ‘sand smuggler’ based on past conduct of terrifying community & disturbing public order unsustainable: Bombay HC
In a criminal writ petition filed by the petitioner/ accused against the detention order passed by District Magistrate, Solapur detaining him on the basis of being a “sand smuggler” within the provisions of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black Marketing of Essential Commodities Act, 1981, the Division Bench of Bharati Dangre and Manjusha Deshpande, JJ., found that the criteria applied for detention as a sand smuggler was inconsistent, and the order suffered from the non-application of mind. Therefore, the Court quashed and set aside the detention order. Read more
Quashing of proceedings/FIR
‘Offence under S. 354A of IPC is gender specific and only a man can be prosecuted under the same’; Calcutta HC quashes sexual harassment case against female accused
In a criminal revisional application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 filed by the accused (petitioner) in a case dated 15-09-2018 under Sections 354A/506/34 of the Penal Code, 1860 which was pending before the Court of Additional Chief Judicial Magistrate at Alipore, South 24 Parganas, a Single Judge Bench of Ajay Kumar Gupta, J. held that the allegation of an offence punishable under Section 354A of IPC was not applicable against the petitioner since the sub-sections of the said provision specifically begin with the words ‘a man’. Read more
[S. 498-A] ‘In-laws asking daughter-in-law to show them the house cleaned by her on video call is a sadist manner of ill-treatment’; Bombay HC refuses to quash FIR
Petitioner seeks quashing of FIR dated 01-06-2023 registered with the Tilak Nagar Police Station, Brihanmumbai City for offences punishable under Sections 498-A, 406, 504 and 34 of the Penal Code, 1860 (‘IPC’), the consequent charge-sheet and criminal proceedings pending before the Metropolitan Magistrate, 34th Court, Vikroli, Mumbai. The Division Bench of A.S. Gadkari and Dr. Neela Gokhale*, JJ., opined that the act to compel the complainant to show the house cleaned by her on WhatsApp video call was a sadist manner of ill-treatment. The Court dismissed the petition and refused to quash the FIR and consequent criminal proceedings, as the allegations in the FIR, prima facie disclosed commission of the alleged offences. Read more
‘FIR was filed with an ulterior motive of wreaking vengeance on the husband’s family’: Bombay HC quashes woman’s FIR against in-laws alleging cruelty
In a peculiar case, wherein a Respondent 3 (“Wife”) had registered an FIR against her in-laws under Sections 498-A, 406, 323, 504, and 506 read with 34 of the Penal Code, 1860 (“IPC”), without a single charge against her husband, the petitioners sought the quashing of the same. The Division Bench of A.S. Gadkari and Dr. Neela Gokhale*, JJ., found that the allegations against the petitioners were quite general and vague., and in fact, some of the incidents listed in the FIR were against her husband and not wife. The Court noted the history of civil litigation between the instant respondent couple and the petitioners, and found that all the litigations involved property disputes, and observed that the FIR disclosed a proxy litigation engaged by the husband through wife, to settle the property dispute with his family. Therefore, the Court stated without hesitation that the FIR was filed with an ulterior motive for wreaking vengeance on the petitioners, and quashed the FIR registered against them by wife and her husband. Read more
Madras HC quashes FIR against former DGP accused of forwarding offensive WhatsApp message against Chief Minister MK Stalin
In a criminal petition filed by the Former Director General of Police, State of Tamil Nadu under Section 482 of Code of Criminal Procedure, 1973, to call for the records pertaining to FIR for the offences under Section 153, 153-A, 504, 505(1)(b), 505(1)(c), 505(2) of the Penal Code, 1860 and Section 66-D of the Information Technology Act, 2000 and quash the same, Dr. G. Jayachandran, J. while quashing the FIR, directed the petitioner to forward the affidavit copy to the WhatsApp group and report compliance to the Investigating Office for record purpose. Read more
‘For 31 years, complainant willingly, knowingly participated in sexual relationship’; Bombay HC quashes FIR registered u/S 376 IPC against 73-year-old man
In the present case, an application was filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’), whereby applicant seeks quashing of FIR registered originally with the Powai Police Station lodged by Respondent 2, the complainant against him, for the offences punishable under Sections 376, 420, and 506 of the Penal Code, 1860 (‘IPC’) and subsequently transferred to Mulund Police Station, Mumbai for further investigation. Read more
Bombay HC quashes FIR and chargesheet against members of WhatsApp group chat accused of outraging religious feelings
The instant applications were filed under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”) for quashing of FIR and chargesheet against the accused persons for offences punishable under Section 295-A, 504, and 506 of the Penal Code, 1860. The Division Bench of Vibha Kankanwadi* and Vrushali V. Joshi, JJ., noted that the Investigating Officer concerned (“IO”) recorded the statements under Section 1615 of CrPC, of only four witnesses, who were of a particular community, while the instant WhatsApp group had 150 to 200 members; and further stated that only four witnesses and one informant could not be counted as a ‘class’ as contemplated in Section 295-A of IPC, to constitute insulting a religion on a wide-scale. Therefore, the Court did not even find a prima facie case against the accused personss, exercising their powers under Section 482 of CrPC, quashed and set aside the FIR and the chargesheet. Read more
‘Subjecting child to corporal punishment for reforming him cannot be a part of education’; Chhattisgarh HC refuses to quash FIR against teacher for abetment of suicide
In a petition filed under Section 528 of the Nagarik Suraksha Sanhita, 2023, the Division Bench of Ramesh Sinha*, CJ., and Ravindra Kumar Agrawal, J., stated that it was evident that imposition of corporal punishment on the child was not in consonance with his right to life guaranteed by Article 21 of the Constitution. The Court stated that corporal punishment was not in keeping with a child’s dignity. Besides, it was cruel to subject the child to physical violence in school in the name of discipline or education. Child being a precious national resource was to be nurtured and attended with tenderness and care and not with cruelty. Subjecting the child to corporal punishment for reforming him could not be part of education. Read more
Delhi HC quashes FIR in rape, kidnapping, and POCSO case based on settlement without imposing costs
A petition was filed under Article 226 read with Section 482 of Criminal Procedure Code was filed on behalf of the accused seeking quashing the FIR dated 20-02-2023 under Section 363 and 376 of Penal Code, 1860 and Section 6 of POCSO Act, registered at Police Station, Nangloi. Sanjeev Narula, J., quashed the FIR under Sections 363, 376 of the IPC and Section 6 of POCSO Act as the parties had amicably resolved their differences out of their own free will and without any coercion. Read more
[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage
The accused sought the quashing and setting aside of criminal proceedings pending before the Additional Sessions Judge, Mumbai, for the offences punishable under Sections 376, 376(2)(n), 376(2)(h), 313, 323, 504 and 506 of the Penal Code, 1860. The Division Bench of A.S. Gadkari and Dr. Neela Gokhale*, JJ., perused the prosecution’s evidence and found their version reliable. The Court noted that the instant case was not a ‘breach of promise to marry’ but a ‘false promise to marry’, made to extract sexual relationship out of the victim. Therefore, the Court refused to quash the FIR against the accused and dismissed his petition. Read more
‘Momentary disagreement leading person to take extreme actions cannot be termed as abetment to suicide’; Calcutta HC quashes pending proceedings u/S. 306 of IPC
In a revisional application filed for quashing the proceedings pending before the Additional Sessions Judge (‘ASJ’), Fast Track Court for the case filed in Baguihati Police Station dated 28-10-2010 under Section 306 of the Penal Code, 1860 (‘IPC’) and all the orders passed therein, a Single Judge Bench of Ananya Bandyopadhyay, J. quashed the pending proceedings as well as the orders passed by the ASJ, Fast Track Court and said that the allegation of commission of abetment of suicide levied against the petitioners was improbable. Read more
Read why Bombay HC quashed S. 498-A IPC proceedings initiated against husband’s paramour by wife
In a criminal application before the Division Bench of Vibha Kankanwadi and Vrushali V. Joshi*, JJ., the applicant (‘paramour’) sought the quashing of proceedings pending before the Judicial Magistrate First Class, Chandrapur against her for the offence punishable under Section 498-A of the Penal Code, 1860. Applying the provision of Section 498-A, IPC, the Court found that, since the paramour was not a relative of the husband, the chargesheet filed against her was illegal. Therefore, the Division Bench quashed the chargesheet at the instance of the paramour alone. Read more
Delhi High Court refuses to quash proceedings against Dr. Shashi Tharoor for making defamatory statements against Prime Minister Modi
In a petition under Section 482 of the Code of Criminal Procedure, 1973 preferred by Dr. Shashi Tharoor, to challenge the order dated 27-04-2019 passed by the Additional Chief Metropolitan Magistrate-I, Rouse Avenue Courts, New Delhi wherein Dr. Tharoor had been summoned for commission of offence under Section 500 of the Penal Code, 1860, a Single Judge Bench of Anoop Kumar Mendiratta, J. did not find any ground to quash the proceedings and directed the parties to appear before the Trial Court on 10-09-2024. Read more
Karnataka HC charges Homeowners Association members u/S. 304-A, IPC regarding death of a minor girl in apartment complex’s swimming pool
The instant petition filed by the members of Prestige Lake Side Habitat Homeowners Association, challenging the criminal proceedings under Sections 149 and 304 of Penal Code, 1860, wherein they were named as accused in an incident of a minor girl drowning in the apartment complex’s swimming pool. The Bench of M. Nagaprasanna, J.*, while taking note of the incident, held that petitioners being elected members of the Homeowners Association were responsible for taking care of every grievance of the residents in the Apartment complex and for its upkeep. Hence, in exercise of power under Section 482 of CrPC, the Court deemed it appropriate to obliterate the offence laid against the petitioners under Section 304 of the IPC and charge them with Section 304-A of the IPC, as admittedly, the petitioners were in-charge of the affairs of the apartment complex and were prima facie negligent. Read more
