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High Court Quashes FIR in Criminal Petitions Under BNSS, 2023 Due to False Allegations of Physical Relationship on Pretext of Marriage. Petitioners Acquitted as Proceedings Deemed Abuse of Process

The High Court of Karnataka heard two criminal petitions filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking to quash a...

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Bombay High Court Upholds Conviction for Perjury Against Trap Panch Witness for Giving Contradictory Testimony in Corruption Case. Witness's Inconsistent Statements in Chief and Cross-Examination Amounted to Perjury Under Section 193 IPC.

The appellant, Manikrao Shivram Wagh, was a trap panch witness in a corruption case (Special Case No.4/1999) against Samadhan Bhusari, who was tried f...

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Bombay High Court Quashes FIR in Rape Case Where Relationship Was Consensual and No False Promise of Marriage — Ingredients of Section 375 IPC Not Made Out. The Court held that a mere breach of promise does not constitute rape under Section 376 IPC if the promise was not false from the inception.

The petitioner, Mahendra Ladu Sawant, was an accused in FIR No.151/2018 lodged on 01/11/2018 under Section 376 IPC (rape) based on a complaint by resp...

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Bombay High Court Allows Husband's Appeal in Divorce Case Based on False Criminal Prosecution as Cruelty. Filing of false Section 498A IPC case and its conduct constitutes mental cruelty under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The case involves a Family Court Appeal filed by the husband against the judgment and decree dated 5th April 2006 of the Family Court, Pune, dismissin...

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Bombay High Court Dismisses Tenant's Heirs' Petition in Tenancy Dispute Due to Delay and Laches. False Statement Regarding Knowledge of Proceedings Leads to Dismissal Under Article 227 of Constitution of India.

The petition was filed by the heirs and legal representatives of the deceased original tenant, Baban Vishnu Shivale, under Article 227 of the Constitu...

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High Court of Karnataka Quashes Rape FIR in Social Media Dating Case — Consensual Relationship Not Rape. Section 64 of Bharatiya Nyaya Sanhita, 2023 does not apply where sexual intercourse was based on a false promise of marriage but the promise was not the sole basis for consent.

The petitioner, Mr. Sampras Anthony, filed a writ petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagar...

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Bombay High Court Acquits Witnesses in Perjury Case for Turning Hostile — No Evidence of Deliberate Falsehood Under Section 193 IPC. The court held that mere turning hostile does not constitute perjury without proof of intentional falsehood.

The judgment concerns two criminal appeals filed by Manoj Nivruttirao Chavan and Dr. Gokul Hariprasad Agrawal against their conviction under Section 1...