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Bombay High Court Quashes Rape FIR Against Father in Family Feud Case — Inherent Powers Under Section 482 CrPC. Allegations of Rape by Father and Brother Found to be False and Motivated by Property Dispute, FIR Quashed to Prevent Abuse of Process of Law.

The case involves a criminal application filed by Vinod Deshpande, the father of the prosecutrix, seeking quashing of FIR No.619/2022 registered at Po...

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Bombay High Court Quashes FIR Against Returning Officer in Election Forgery Case. Lack of Prima Facie Case Under Sections 464, 465, 468, 470, 471, 472, 473 IPC Read with 34 IPC Leads to Quashing of Criminal Proceedings.

The applicant, Fulsing Bhaulal Bahure, was the Assistant Registrar of Co-operative Societies, Vaijapur, and was appointed as Returning Officer for the...

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High Court Quashes FIR in SC/ST Act Case Due to Civil Dispute and Lack of Atrocity Elements. Allegations of Caste-Based Insults and Intimidation Found to be Vague and Motivated by Property Dispute, Not Attracting Sections 3(i), 3(iv), 3(xiii) of SC/ST Act.

The petitioners, a husband and wife, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. Spl(A) FI...

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Bombay High Court Quashes FIR in Promise-to-Marry Rape Case — Lack of Evidence of False Promise. Consent Based on Promise to Marry Not Vitiated When Promise Was Not False from Inception Under Section 376 IPC.

The applicant, Rajesh Sankarsan Tripathy, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR No....

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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.

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

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High Court of Bombay Disposes Three Criminal Applications in Matrimonial Dispute Seeking Quashing of FIRs. Accusations Involve IPC, POCSO Act, and Juvenile Justice Act Allegations Between Family Members.

The High Court of Judicature at Bombay dealt with three interconnected proceedings arising from a matrimonial dispute between a husband (Prakash Hotch...

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Bombay High Court Quashes FIR in Theft Case for Lack of Prima Facie Evidence. Section 482 CrPC invoked to prevent abuse of process where allegations did not disclose essential ingredients of theft under Section 379 IPC.

The applicant, Sandeep Sadashiv Bhalerao, was arraigned as accused No.8 in Crime No.100/2016 registered at Police Station Hatta, Tq. Vasmat, Dist. Hin...

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Bombay High Court Quashes FIR in SC/ST Act Case Due to Civil Dispute and Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred at Workplace, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The applicants, Balkrushna Mule, Maharudra Wani, and Laxman Wani, filed a criminal application under Section 482 of the Code of Criminal Procedure, 19...