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Supreme Court Allows Appeal and Quashes FIR for Rape Against Husband in Marital Rape Exception Case. Marriage Found Consensual, No Prima Facie Case Under Section 376 IPC.

The Supreme Court allowed the appeal filed by Kuldeep Singh against the order of the Punjab and Haryana High Court dismissing his petition under Secti...

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Bombay High Court Dismisses Petition to Quash Rape and Dowry Case Based on False Promise to Marry. Sexual relationship on false promise of marriage constitutes rape and constructive cheating, and prima facie case is made out under Sections 376(2)(n), 420 IPC and Section 3(2)(v) SC/ST Act.

The petitioner, Adithya Krishnan, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking quashing of Special Case No. 4...

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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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Supreme Court Quashes FIR in Rape Case Due to Consensual Relationship Over 10 Years. Long-Standing Relationship Without Complaint Indicates Consent, Not Rape Under Section 376 IPC.

The Supreme Court allowed the appeal filed by Mahesh Damu Khare against the order of the Bombay High Court which had dismissed his petition under Sect...

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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 Allows Discharge of Accused in Cheating and Rape Case Due to Consensual Relationship and Lack of Deception from Inception. Promise to Marry Not Fulfilled Does Not Constitute Rape or Cheating When Relationship Was Consensual and Prosecutrix Was Aware of Accused's Marital Status.

The petitioner, Siddharth Narendra Banthia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 3rd Septem...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Circumstantial Evidence and Incomplete Chain of Circumstances. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Mahesh Vasant Chilwante, was convicted by the Additional Sessions Judge-3, Osmanabad, in Sessions Case No.21/2015 for offences punishab...

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Bombay High Court Quashes FIR in Promise-to-Marry Rape Case — Lack of Evidence of False Promise. Consent Based on Promise to Marry Not Vitiated When Promise Was Not False from Inception Under Section 376 IPC.

The applicant, Rajesh Sankarsan Tripathy, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR No....

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...