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Supreme Court

Unlawful Arrest and Violation of Fundamental Rights – Supreme Court Declares Arrest Illegal. Failure to communicate grounds of arrest renders detention unconstitutional – Supreme Court orders immediate release of the appellant and issues guidelines for compliance with Article 22(1) and Section 50 of the Code of Criminal Procedure, 1973.

7 Feb 2025

Constitution of India – Article 22(1) – Code of Criminal Procedure, 1973 – Sections 50, 50A – Indian Penal Code, 1860 The Supreme Court held ...

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...

Supreme Court

Quashing of FIR – Protection under Official Duty – Absence of Mens Rea

2 Jan 2025

Code of Criminal Procedure, 1973 – Section 482 – Quashing of FIR – High Court refused to quash the FIR despite lack of prima facie evidence agai...

High Court

Petitioner’s Plea for Discharge in Land Conspiracy Dismissed by Bombay High Court. Court affirms prima facie evidence of land fraud and conspiracy involving government land.

10 Dec 2024

The Bombay High Court dismissed a writ petition filed under Section 482 of Cr.P.C. and Article 227 of the Constitution. The petitioner, an advocate, w...

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 Acquits Accused in Kamaruddin Dastagir Sanadi Case: Lack of Evidence for Abetment and Cheating" "Justice demands evidence: Mere refusal to marry insufficient for abetment of suicide under IPC."

29 Nov 2024

The Supreme Court acquitted Kamaruddin Dastagir Sanadi, reversing the Karnataka High Court's conviction under Sections 417 and 306 IPC. The Cour...

High Court

"Bombay High Court Quashes Criminal Case: Civil Dispute Cannot Be Penalized" "Reiterating the distinction between civil and criminal remedies, the High Court emphasizes abuse of process in criminalizing contractual disputes."

29 Nov 2024

The Bombay High Court, Aurangabad Bench, quashed FIR No. 134/2021 and associated proceedings under Sections 420 and 406 IPC, ruling that the matter is...

Supreme Court

"Supreme Court Quashes FIR in Matrimonial Case: Safeguarding Against Over-Implication in Family Disputes" "Generalized Allegations in Matrimonial Complaints Cannot Justify Criminal Proceedings Against Distant Relatives."

26 Nov 2024

The quashing of an FIR filed under Sections 406, 498-A, 420, and 120-B of the IPC. The Supreme Court upheld the quashing of proceedings against the co...

Supreme Court

"Supreme Court Quashes FIR in Prolonged Consensual Relationship Case" "Evaluating the line between consensual relationships and false promises of marriage under Indian law."

26 Nov 2024

The Supreme Court dealt with an appeal to quash an FIR alleging rape, cheating, and other offenses. The Court analyzed the prolonged consensual relati...

High Court

"Misuse of Identity to Secure Employment: Justice Upheld in Seema w/o Suresh Khobragade Case" "Balancing justice and societal interests against identity fraud."

21 Nov 2024

The High Court of Bombay, Nagpur Bench, upheld the conviction of Seema w/o Suresh Khobragade for misusing her elder sister’s educational documents t...

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