Criminal Law
'Substratum Of Dispute No Longer Exists': Rajasthan High Court Quashes Rape, POCSO FIR After Marriage Between Parties
The Rajasthan High Court has allowed quashing of an FIR for the offence of rape and under POCSO Act, on the ground of compromise reached between parties, taking into account the past cordial relationship between them as well as their marriage and consequentially bleak chances of successful prosecution. The bench of Justice Anil Kumar Upman opined that it was highly unlikely that the victim...
Madras High Court Quashes Cruelty Case Against Man Accused Of Pelting Stone At Dog That Bit Him, Finds No Evidence Indicating Dog Was Injured
The Madras High Court recently quashed a criminal case lodged against a man who was accused of pelting stones at a dog that bit him. [2026 LiveLaw (Mad) 443] Justice GK Ilanthiraiyan noted that though the man was accused of pelting stones, there was "no evidence" to show that the dog had suffered injury. On the other hand, the man had lodged a complaint to substantiate that he was...
Part-Heard Criminal Trial Can Be Transferred; Accused Cannot Insist On Same Judge Continuing Case: Karnataka High Court
The Karnataka High Court has held that a part-heard criminal trial which has not crossed stage of examination of accused, final arguments nor has been reserved for judgment can be transferred to another court and in such circumstances accused cannot insist upon the same presiding officer to continue hearing his case. Referring to judgments, Justice M. Nagaprasanna said that in the...
Karnataka High Court Quashes Cheating FIR Against Accused In Ambidant Investment 'Scam', Refuses To Quash ED Summons In PMLA Case
The Karnataka High Court has recently quashed a cheating FIR against realtor-businessman Vijay Tata, booked in the Ambidant Marketing investment "scam"–a company accused of cheating its customers of their money, holding that there was no incriminating material against him except inadmissible confession statements of co-accused. [2026 LiveLaw (Kar) 347]For context, in 2018, a case was...
Know The Law | When Can Court Convict A Person For A Charge Not Framed? Supreme Court Explains
The Supreme Court has held that an accused charged with one category of offences can be convicted for uncharged offence by the Appellate or Revisional Courts', provided such offences are cognate or minor, and no failure of justice has been occasioned to the accused. “…in view of Section 464 of the Cr.PC, it is possible for the Appellate Court or Revisional Court to convict an accused...
Single Grave Act Can Constitute 'Cruelty' Under S. 498A IPC, Series Of Acts Not Necessary: Kerala High Court
The Kerala High Court recently held that a single grave act of cruelty can constitute the offence under Section 498A IPC and that a series of acts are not necessary. [2026 LiveLaw (Ker) 497]Justice Jobin Sebastian observed:“not every instance of harassment, disagreement, or ill-treatment between spouses would, by itself, constitute “cruelty” within the meaning of Section 498A of...
Karnataka High Court Refuses To Quash FIR Over MBBS Seat Fraud, Says 'Cloak' Of Civil Transaction Can't Defeat Criminal Probe
The Karnataka High Court refused to quash an FIR against a couple, accused of defrauding a woman of Rs 1.40 crore on the promise of securing an MBBS seat for her daughter, holding that mere presence of a monetary/civil transaction cannot be permitted to “smother” a legitimate criminal investigation.The couple claimed that the case was at best a civil transaction between them and...
UP Govt Persistent In Using 'Goondas Act' As A 'Tool Of Oppression': Allahabad High Court
The Allahabad High Court has strongly criticized the Uttar Pradesh government's use of the Goondas Act, observing that numerous cases before the Court indicate that the State is "persistent in its approach of using the Goonda Act as a tool of oppression". A bench of Justice Subhash Vidyarthi made the observation while quashing orders passed against a Gonda resident, declaring him a...
Police Complaint Filed In Good Faith Not Defamation: Gujarat High Court
The Gujarat High Court has observed that merely filing an application before the police against a person containing certain allegations over commission of an alleged criminal act wherein the police has lawful authority over the subject matter of accusation, would not amount to the offence of defamation. [2026 LiveLaw (Guj) 243]As per Section 356 BNS/ 500 IPC it is not defamation to prefer in...
Kerala High Court Grants Pre-Arrest Bail To 17 SFI Activists Booked For Assaulting University VC Ciza Thomas
The Kerala High Court on Friday (September 11) granted anticipatory bail to 17 SFI activists and students of Sree Sankaracharya University of Sanskrit, Kalady for allegedly restraining and assaulting their Vice-Chancellor Dr. Ciza Thomas during a campus protest. [2026 LiveLive (Ker) 496]A detailed order is awaited.Dr. Justice Kauser Edappagath passed the order granting bail to the students,...
Raising Slogans In Support Of Palestine Not Enough To Make Assembly 'Unlawful': Madras High Court Quashes Case
The Madras High Court has quashed a case registered against a group of men for assembling and raising slogans in support of Palestine and against the genocide being perpetrated against its people. [2026 LiveLaw (Mad) 441] Justice GK Ilanthiraiyan noted that the men had not shown any criminal force or committed any mischief or crime or tried to take possession of property or...
