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Criminal procedure

DR. S. BALAGOPAL versus STATE OF TAMIL NADU & ANR.

The Medical Board concluded that orchidectomy was an appropriate and recognized alternative in the clinical circumstances and the consent form on record showed 'Bilateral Orchidopexy/Orchidectomy' (a slash indicating both options); there was no material showing interpolation by different ink or hand and no malice attributed to the doctor; continuance of criminal proceedings would amount to abuse of the court's process and, to secure the ends of justice, the criminal proceedings were therefore quashed.

Source excerpt

  • Quashing of proceedings
  • Consent to medical procedure
  • Medical board opinion
  • Interpolation/forgery allegations
  • Abuse of process
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Election law

DRAVIDA MUNNETRA KAZHAGAM versus THIRU. C. VE. SHANMUGAM

The High Court's interim order was quashed because the writ petition constituted an abuse of process: the petitioner singled out one party and one scheme among many similar schemes nationally, rushed to the High Court within three days of filing a representation to the ECI without affording the Commission a reasonable opportunity to act, and thus the petition was misconceived in law; accordingly the interim prohibition could not be sustained and the appeals were allowed with costs.

Source excerpt

  • Government welfare schemes
  • Use of photographs and names of political leaders in government advertisements
  • Model code of conduct
  • Abuse of process
  • Interim orders
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Criminal procedure

S.N. VIJAYLAKSHMI & ORS. versus STATE OF KARNATAKA & ANR.

The FIR and consequent proceedings were quashed because the material on record did not prima facie disclose essential ingredients of criminal breach of trust (no entrustment as appellants had title) or cheating (no delivery or possession induced by deception); where civil proceedings on the same issue exist and criminality is absent, continuation of criminal proceedings would be an abuse of process and must be stopped; compliance with Priyanka Srivastava was addressed and any procedural defect was curable before referral.

Source excerpt

  • Quashing of fir
  • Simultaneous civil and criminal proceedings
  • Section 482 crpc
  • Priyanka srivastava compliance
  • Criminal breach of trust (s.405/406 ipc)
  • Cheating (s.415/420 ipc)
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Criminal procedure

MADDURI GANGARAJU @ BABU RAO versus MADDURI SUNANDA & OTHERS

Because there was a decree of divorce that had attained finality and the parties reached a full and final settlement by Lok Adalat (Lok Adalat Case No.436/2022) under Section 21 of the Legal Services Authority Act, 1987 whereby respondent No.1 agreed to withdraw all pending cases and not make future claims, continuing criminal proceedings would serve no legitimate purpose and would amount to harassment; accordingly, invoking Article 142 this Court quashed the complaint and FIR (No.28 of 2011) under Sections 494 and 498A IPC and set aside the High Court order.

Source excerpt

  • Quashing
  • Article 142 of the constitution
  • Settlement / lok adalat
  • Divorce
  • Abuse of process
  • Inherent powers
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Criminal procedure

CHIRAG SEN AND ANOTHER ETC. versus STATE OF KARNATAKA AND ANOTHER

The complaint and FIR were quashed because the allegations rested on a single unauthenticated document and did not disclose the essential ingredients of Sections 420, 468 or 471 IPC; prior administrative verifications (SAI, CVC) which closed the matter and absence of any fresh material showed continuation of criminal proceedings would be an abuse of process and therefore unjustified.

Source excerpt

  • Quashing of criminal proceedings
  • Falsification of birth records
  • Abuse of process
  • Delay and laches
  • Bona fides of complaint
  • Role of administrative findings in criminal investigation
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Criminal law

GAJANAN DATTATRAY GORE versus THE STATE OF MAHARASHTRA & ANR.

The appeal is dismissed; the High Court was justified in cancelling bail where the appellant had voluntarily filed an affidavit/undertaking to deposit Rs.25,00,000 and then failed to comply, and the Supreme Court directs that courts shall not grant regular or anticipatory bail on the basis of such undertakings but decide bail pleas strictly on merits; appellant to surrender and pay costs.

Source excerpt

  • Cancellation of bail
  • Undertaking to deposit amount
  • Conditional bail deprecated
  • Judicial directions
  • Abuse of process
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Criminal law

M.C. RAVIKUMAR versus D.S. VELMURUGAN & ORS.

The High Court erred in allowing the second quashing petition because the petition raised no new grounds or change in circumstances that were not available at the time of the first quashing petition; the second petition in effect amounted to an impermissible review of a co-ordinate bench's earlier order, which is barred by Section 362 CrPC; accordingly the High Court's order dated 13.09.2022 was quashed and set aside and the criminal complaint restored.

Source excerpt

  • Quashing of criminal complaint
  • Section 482 crpc
  • Inherent jurisdiction of high court
  • Repeated invocation of inherent jurisdiction
  • Section 362 crpc
  • Abuse of process
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Criminal procedure

MADHUKAR & ORS. versus THE STATE OF MAHARASHTRA

Given that the complainant in the second FIR had unequivocally stated she did not wish to pursue prosecution, the parties had amicably resolved their differences and the second FIR appeared reactionary in the factual sequence, continuation of the criminal proceedings would serve no useful purpose and would amount to abuse of process; accordingly, under Section 482 CrPC the Court set aside the High Court order and quashed the FIRs and all proceedings arising therefrom.

Source excerpt

  • Quashing of fir
  • Section 482 crpc
  • Section 376 ipc
  • Settlement between parties
  • Abuse of process
  • Compoundability
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Agricultural tenancy law

COMMUNIDADE OF TIVIM, TIVIM, BARDEZ GOA versus STATE OF GOA & ORS.

The Administrative Tribunal and High Court rightly refused permission because the proposed consent terms would circumvent statutory procedures under the Tenancy Act for purchase and termination of tenancy, create de facto freehold rights over tenanted agricultural land, and permit non-agricultural use contrary to the Land Use Act; such a compromise is contrary to statute and an abuse of process and therefore cannot be sanctioned under Article 154(3).

Source excerpt

  • Compromise proceedings
  • Tenancy rights
  • Consent terms
  • Abuse of process
  • Freehold conversion
  • Communidades
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Code of criminal procedure, 1973

BATLANKI KESHAV (KESAVA) KUMAR ANURAG versus STATE OF TELANGANA & ANR.

The Court found no prima facie material to substantiate the allegations of cheating or sexual intercourse under a false promise of marriage against the appellant, noted inherent and irreconcilable contradictions and omissions between FIR No.751 of 2021 and FIR No.103 of 2022, relied on additional material (including chats and prior similar complaint) showing manipulative and vindictive tendencies of the de-facto complainant, and concluded that permitting prosecution on FIR No.103 of 2022 would be a travesty of justice and abuse of process; accordingly both FIRs and consequent proceedings were…

Source excerpt

  • Quashing of fir
  • False promise of marriage
  • Sexual offences
  • Contradictory firs
  • Abuse of process
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.