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Bombay High Court Quashes Rape and Atrocities Case Against Boyfriend: Consent Under Promise of Marriage Not Vitiated When Promise Was Not False From Inception. Distinction Between 'Breach of Promise' and 'False Promise' Reiterated Under Section 376(2)(n) IPC and SC/ST Act.

The applicant, Vaibhav Deshpande, filed a criminal application under Section 482 CrPC seeking quashing of FIR No. 338/2022 and the charge-sheet regist...

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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

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Bombay High Court Quashes FIR in Marital Rape and Dowry Harassment Case Due to Lack of Prima Facie Evidence. Allegations of Rape by Husband and In-Laws Found to Be Vague and Contradictory, No Offence Made Out Under Sections 376(2)(n), 377, 498-A, 494, 294, 323, 504, 506 IPC r/w Section 34 IPC.

The case involves a criminal application filed by seven applicants (husband, in-laws, and relatives) seeking quashing of FIR No. 505/2022 registered a...

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Bombay High Court Dismisses Petition Challenging Lok Adalat Compromise in Domestic Violence Case — No Fraud Established Against Settlement Reached Under Protection of Women from Domestic Violence Act, 2005.

The petitioner, Satish Baburao Yadav, challenged an order dated 08.12.2018 passed by the Panel of Lok Adalat in P.W.D.V.A. (Cri.M.A.) No. 62/2018, whi...

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Bombay High Court Upholds Juvenile Board's Decision to Try Older Juvenile as Adult in Murder Case — Section 15 of Juvenile Justice Act, 2015 Requires Individualized Assessment of Physical and Mental Capacity to Commit Offence.

The case involves two juveniles, aged 17.5 years and 16.5 years, accused of murdering a three-and-half-year-old child. The Juvenile Justice Board, aft...

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Bombay High Court Allows Transfer of Matrimonial Petition from Goa to Mumbai on Grounds of Wife's Safety and Convenience. Section 24 CPC Transfer Granted as Wife Faced Threats and Had to Flee to Mumbai with Minor Daughter.

The applicants, Smt. Irene Blanch Khera (wife) and her minor daughter Samaira Keira Glenn Souza Ticlo, filed an application under Section 24 of the Co...

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Bombay High Court Allows Revision in POCSO Case — Probation Report Can Be Called Even Under POCSO Act. Section 4(1)(2) of Probation of Offenders Act, 1958 is Not Barred by POCSO Act, 2012.

The applicant, Nishant Harishchandra Salvi, was prosecuted for offences punishable under Section 354A of the Indian Penal Code and Section 8 of the Pr...

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Bombay High Court Dismisses State Appeal in Gang Rape Acquittal — Trial Court's Finding of Inconsistent Child Testimony and Lack of Corroboration Upheld. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Section 376(2)(g) IPC and Section 5 of Prevention of Immoral Traffic Act.

The State of Maharashtra appealed against the judgment and order dated 28 January 2011 passed by the Sessions Court at Dindoshi, Mumbai in Sessions Ca...

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Bombay High Court Allows Transfer of Divorce Petition in Matrimonial Dispute on Grounds of Wife's Convenience. Wife's Residence at Nanded Considered Paramount for Jurisdiction Under Section 24 CPC.

The applicant, Megha w/o Madan Nayak, filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of H.M.P....