Search Results for "Abuse of Process"

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Search Results for "Abuse of Process"

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Supreme Court

Supreme Court Allows Appeals and Quashes Gangsters Act Proceedings After Predicate Offences Were Quashed. Prosecution Under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 Cannot Continue When Foundation Predicate Offences Under Section 2(b)(i) Have Been Exonerated Through Quashing Orders.

19 Feb 2024

The Supreme Court considered appeals challenging orders of the Allahabad High Court that had rejected petitions to quash an FIR registered under the U...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Job Fraud Case Due to Abuse of Process and Unexplained Delay. The FIR was lodged after over three years with no explanation, and prior enquiry revealed counter-allegations without evidence, indicating it was filed to recover money through coercion rather than for genuine prosecution.

19 Feb 2024

The dispute originated from allegations of financial impropriety related to promises of securing jobs. The appellant filed a complaint in April 2021 t...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Husband and In-Laws in Matrimonial Dispute Due to Insufficient and Vexatious Allegations. The Court found allegations under Sections 420, 498A, 506 IPC and Sections 3, 4 Dowry Prohibition Act were general and omnibus without specific particulars, constituting abuse of process under Section 482 CrPC.

5 Feb 2024

The Supreme Court heard appeals arising from two orders of the Andhra Pradesh High Court dated 11.11.2022 and 23.11.2022, which refused to quash crimi...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Rape Case Due to Consensual Relationship and Absence of False Promise of Marriage. Long-term Relationship Including Engagement and Pregnancies Established Consensual Nature, Making Prosecution Abuse of Process Under Indian Penal Code, 1860, Section 375.

30 Jan 2024

The Supreme Court considered a criminal appeal challenging an FIR registered against the appellant for offences under Sections 376(2), 377, 504, 506 o...

Supreme Court

Supreme Court Quashes FIR and Investigation in IPC Case Due to Lack of Cognizable Offence and Civil Nature of Dispute. Allegations Pertained to Trust Management and Removal from Post, Disclosing No Criminal Offence Under Sections 323, 384, 406, 423, 467, 468, 420, and 120B IPC, Leading to Abuse of Process.

30 Jan 2023

The Supreme Court heard an appeal by special leave against a Calcutta High Court judgment that dismissed a petition under Section 482 of the Code of C...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in SC/ST Act Case Due to Abuse of Process of Law. The Court found that a civil property dispute was improperly converted into criminal proceedings under Sections 3(1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, lacking allegations of deliberate caste-based discrimination.

5 Jan 2023

The Supreme Court heard an appeal by accused persons aggrieved by the High Court's dismissal of their petition under Section 482 of the Code of Crimin...

Supreme Court

Supreme Court Quashes FIRs in Cheating and Forgery Case Due to Abuse of Process and Civil Dispute Nature. Criminal Proceedings Under Sections 120B, 420, 465, 468, 471 IPC Set Aside as Allegations Were Absurd and Filed Maliciously Post-Civil Litigation to Harass Accused.

18 Feb 2022

The Supreme Court of India heard appeals challenging the dismissal by the High Court of Karnataka of petitions under Section 482 of the Code of Crimin...

Supreme Court

Supreme Court Quashes FIR Against In-Laws in Dowry Harassment Case Due to Omnibus Allegations. The Court found that allegations under Sections 341, 323, 379, 354, 498A read with Section 34 IPC were general and lacked specificity, warranting quashing under Section 482 CrPC to prevent misuse of Section 498A IPC.

8 Feb 2022

The appeal arose from a judgment of the Patna High Court dismissing a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in Fraud Case Under Section 482 Cr.P.C. - High Court's refusal to quash proceedings set aside as F.I.R. lacked prima facie evidence against accused for offences under Sections 406, 420, 467, 468, 471, and 120-B IPC, with allegations limited to purchase of property not under attachment.

3 Feb 2022

The dispute arose from a criminal complaint filed by the original complainant, leading to an F.I.R. registered under Sections 406, 420, 467, 468, 471,...

Supreme Court

Supreme Court Quashes Criminal Complaint in Bigamy Case Under Section 482 CrPC Due to Abuse of Process. Family Court's Binding Finding That Accused Had No Prior Subsisting Marriage Renders Complaint Under Sections 494 and 495 IPC Meritless, Preventing Reagitation of Decided Issue.

21 Jan 2022

The appeal arose from a judgment of a Single Judge of the Gauhati High Court dated 4 April 2018, which dismissed an application under Section 482 of t...

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