Search Results for "Abuse of Process of Law"

Trending :

High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
Supreme Court Quashes Charge Against Accused in Abetment of Suicide Case Due to ...

Search Results for "Abuse of Process of Law"

38 result(s) found

Home Search Results

Scroll Down To Discover

Found 38 result(s)

High Court

High Court of Judicature at Bombay Quashes Criminal Proceedings Against BPCL Officials—Lack of Offence Under Essential Commodities Act, 1955 and LPG Distribution Order, 2000

27 Feb 2025

Absence of Statutory Violation—No Offence Attracted Under Section 7 of the Essential Commodities Act, 1955—Unauthorized Raid by Vigilance Squad Re...

Supreme Court

Supreme Court quashed FIR and charge sheet filed under Sections 498A, 504, 506 of the Indian Penal Code, 1860 (“IPC”) read with Sections 3 and 4 of the Dowry Prohibition Act, 1961, citing abuse of process of law. Quashing of criminal proceedings – Allegations of matrimonial cruelty and dowry harassment – FIR filed as counterblast to a pending divorce case – No specific allegations in charge sheet – FIR and charge sheet held vexatious and quashed under Article 142 of the Constitution of India.

12 Feb 2025

Supreme Court observed that the FIR was filed belatedly after the divorce petition. Charge of Section 376 IPC was dropped after two rounds of investi...

Supreme Court

Supreme Court Quashed Criminal Proceedings Against the Appellants Due to Settlement, Despite Section 307 IPC Charges.

12 Feb 2025

Section 307 of the Indian Penal Code, 1860 (IPC) – Quashing of Criminal Proceedings – Distinction Between Compounding and Quashment – Role of Se...

Supreme Court

Supreme Court Quashed Criminal Proceedings Against B.V. Ram Kumar – Allegations Did Not Constitute Offences Under the Indian Penal Code, 1860. Criminal Petition Under Section 482, Code of Criminal Procedure, 1973 – No Prima Facie Case for Offences Under Sections 269, 270, and 504, IPC – Abuse of Process of Law – High Court’s Dismissal Reversed.

10 Feb 2025

Allegations In The FIR And Chargesheet Did Not Disclose The Necessary Ingredients For Offences Under Sections 269, 270, And 504, IPC (Paras 16, 19)Wor...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Appellants in Dowry Harassment and Domestic Violence Case. Generalized Allegations Without Specific Acts Insufficient to Sustain Criminal Charges – Court Emphasizes Need for Specificity in Domestic Violence Cases.

7 Feb 2025

The Supreme Court quashed the criminal proceedings against the Appellants, holding that the allegations were generalized and lacked specific overt act...

Supreme Court

Quashing of Criminal Proceedings Under Section 306 IPC – Supreme Court Ordered Reinvestigation in Suicide Case – Absence of Direct Abetment. Criminal Proceedings Against Appellants Quashed – Special Investigation Team Constituted for Reinvestigation – No Proximate Link Between Accused and Suicide – Mere Verbal Utterances Do Not Constitute Abetment – Abuse of Process of Law Prevented.

7 Feb 2025

Constitution Of India, 1950 – Article 21: Right To Fair Investigation – The Supreme Court Held That A One-Sided Investigation Violates The Fundam...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

High Court

High Court Quashes FIR: Civil Dispute Misinterpreted as Criminal Offense. Justice prevails as the Court clarifies the distinction between civil and criminal liability.

4 Dec 2024

The Bombay High Court (Aurangabad Bench) quashed the FIR and criminal proceedings against applicants, emphasizing the civil nature of the dispute and ...

Supreme Court

Supreme Court Quashes FIR in Dowry Case Due to Lack of Specific Allegations. The Court ruled that the allegations were vague, general, and appeared to be motivated by an underlying property dispute.

25 Sep 2024

The Supreme Court quashed an FIR filed under Sections 498A, 323, 504, 506 read with Section 34 IPC, citing lack of specific allegations and evidence. ...

High Court

Court Quashes F.I.R. Against Accused in Suicide Abetment Case. Insufficient Evidence Found to Establish Harassment and Instigation Leading to Suicide

12 Jul 2024

Applicants, accused under Section 306 r/w 34 of the IPC, seek quashing of the F.I.R. registered at Vishnu Nagar Police Station. The deceased, Ashok Pa...

1 2 3 4

Full Name * Username * Mobile Number * Email Address * State/UT * City * Password * Confirm Password * Referral Code (Optional)