The Allahabad High Court has dismissed a writ petition with Rs 25,000 costs after the State said it was filed with forged documents, refusing the petitioner’s request to withdraw it and calling the filing an abuse of process.
The Allahabad High Court, Lucknow Bench, has discharged a Member of Parliament from all charges in a rape case, holding that the prosecution’s own material showed a long-term consensual relationship between two married adults and that the allegations, as they stood, were inherently improbable, so that continuing the trial would be an abuse of process.
The Karnataka High Court has quashed POCSO and IPC proceedings against a father, holding that no material supported the accusation and that the complaint followed a setback in custody proceedings, and has partly quashed a related dowry harassment case, sparing the husband’s parents but not the husband.
The Telangana High Court has quashed maintenance proceedings under Section 125 CrPC against a 69-year-old mother-in-law, holding that the provision creates no liability on a mother-in-law to maintain her widowed daughter-in-law or the children of her deceased son, while noting that other remedies remain open.
The Karnataka High Court has quashed domestic violence proceedings against a woman’s elderly parents-in-law, holding that, in the absence of specific allegations of domestic violence against them, continuing the case would be an abuse of process. The Court, however, allowed the proceedings and an order of Rs 7,000 monthly interim maintenance to continue against the husband, finding sufficient material and that the wife was unable to maintain herself.
The Karnataka High Court has quashed an FIR against a shopkeeper accused of making insulting remarks against the Prime Minister when questioned about barricades outside his shop, holding that the offence of intentional insult to provoke breach of peace under Section 352 of the Bharatiya Nyaya Sanhita requires an insult directed at the complainant, not a third party. With no such ingredient made out, and an unexplained delay in the complaint, continuing the prosecution would be an abuse of process.
The Madras High Court quashed an animal-cruelty case against a man accused of pelting a stone at a neighbour’s pet dog, holding that the offence is non-cognizable and carries a maximum fine of Rs 50, so the police were required to obtain the Magistrate’s prior permission before registering the FIR, and had not. Chennai: The […]
The Supreme Court quashed a POCSO case against a schoolteacher accused of hitting inattentive girl students, holding that corporal punishment, however inappropriate, does not amount to “aggravated sexual assault” without sexual intent, and warning that a wrongful POCSO accusation can be a “death knell” for a teacher. New Delhi: The Supreme Court has quashed criminal […]
