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Bombay High Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Failure to Perform Contractual Obligation Does Not Attract Offences Under Sections 406, 420, 120B IPC Without Evidence of Dishonest Intention at Inception.

The judgment arises from a criminal application and writ petition filed by Mahendra Premji Gangar and Kalyanji Premji Gangar (applicants/petitioners),...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Pending Civil Suit — Complaint Held Not Maintainable When Civil Remedy Sought for Same Cause of Action

The petitioner, Dada Govindrao Dhabre, challenged the order of issuance of process and direction for framing of charge against him under Sections 420,...

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High Court Quashes FIR Against Landowners in Cheating Case, Holds Civil Dispute Not Criminal. FIR Quashed as Civil Suit for Specific Performance Already Pending; No Criminal Intent Found Under Sections 406 and 420 IPC.

The dispute pertained to an agricultural land transaction where the accused persons had entered into a notarized agreement to sell dated 10th March 20...

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High Court Grants Anticipatory Bail to Petitioner in Cheating Case Where Sale Agreement Was Cancelled and Advance Refunded. Petitioner Not Required for Custodial Interrogation as Offences Under Sections 419, 420, 468, 471, 120-B IPC Do Not Prima Facie Attract.

The petitioner, K.L. Muralidhar, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory ba...

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Bombay High Court Quashes Rape FIR in Breach of Promise to Marry Case — No Offence of Rape Made Out as Sexual Intercourse Was Consensual Based on Promise of Marriage. Court holds that failure to marry due to incompatibility does not constitute rape under Section 375 IPC or cheating under Section 417 IPC.

The petitioners, including the main accused Bharat Devdan Salvi and his family members, filed a writ petition under Article 226 of the Constitution re...