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High Court of Karnataka Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Loan Transaction Between Friends Not Attracting Criminal Offences Under Sections 420, 406, 506 IPC. The court held that the dispute was purely civil and criminal proceedings would be an abuse of process.

The case involves three criminal petitions filed under Section 482 CrPC by the petitioners (Smt. Amulya R. and Vaishak K.H.V.) seeking quashing of FIR...

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Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

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Supreme Court Upholds Conviction of Accused in Abduction and Murder Case Based on Consistent Eyewitness Testimony and Circumstantial Evidence — High Court's Reversal of Acquittal for Two Accused Upheld Due to Common Intention Under Section 34 IPC.

The case pertains to the abduction and murder of Neelam on 30.08.1985. The informant, Ramanand Singh (PW18), lodged an FIR alleging that seven accused...

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Bombay High Court Upholds Conviction of Appellant for Trafficking Minor for Prostitution under IPC and PITA. Victim's Testimony Found Credible and Corroborated by Medical Evidence and Panch Witnesses.

The appellant, Smt. Bindo Ganesh Patil, was convicted by the Sessions Court, Nagpur in Sessions Trial No. 381 of 2015 for offences under Sections 366A...

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Bombay High Court Quashes De Novo Trial Order in Summary Case — Section 326(3) CrPC Does Not Mandate Retrial When Evidence Already Recorded by Predecessor Magistrate. Successor Magistrate Can Proceed from Stage of Final Arguments.

The petitioner, Ulhas s/o Fulchand Rathod, was being tried in Summary Criminal Case No. 597/2008 for offences under Sections 143, 294, 341, 504, 506 o...

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High Court of Karnataka Quashes FIR and Cognizance Order in Corruption Case Against Retired IPS Officer — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Court held that taking cognizance without valid sanction is illegal and proceedings are liable to be quashed.

The petitioner, Dr. S. Krishnamurthy, a retired IPS officer, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P...

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High Court of Karnataka Dismisses Appeal by Corporate Debtor Against Banks in SARFAESI Act Proceedings — Civil Suit Barred Under Section 34 of SARFAESI Act as Alternative Remedy Under Section 17 Before DRT Exists.

The appellant, Kingfisher Airlines Limited, a company registered under the Companies Act, 1956, had availed various credit facilities from a consortiu...

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Bombay High Court Allows Second Appeal in Adoption Dispute — Invalidates Adoption for Non-Compliance with Hindu Adoption and Maintenance Act, 1956. Adoption of a married person above 15 years and age gap less than 21 years violates Sections 10 and 11 of the Act.

The appellant, Hanmant Laxman Salunke (since deceased, represented by his heirs), filed a second appeal challenging the concurrent findings of the tri...