#Abuse of Process of Law

Bombay High Court quashed an FIR under IPC Sections 409, 420, 465, 468, and 471, ruling that continuing criminal prosecution after exoneration in departmental proceedings amounts to abuse of process. The judgment reinforces that parallel proceedings without fresh evidence violate principles of natural justice and fairness, offering relief to public servants facing dual proceedings for the same alleged misconduct.

The Punjab & Haryana High Court ruled that civil stay orders cannot halt criminal proceedings when cognizable offences like theft and trespass are alleged, even if the dispute stems from a civil agreement. The Court emphasized that lawful possession, as established by revenue records, overrides civil litigation stays, reinforcing the primacy of criminal law in such cases.

Allahabad HC holds that criminal proceedings under Sections 419 and 420 IPC cannot stand where the allegations fail to establish dishonest inducement, delivery of property, or harm. The ruling clarifies that procuring a forged document alone, without proof of fraudulent intent or resultant loss, does not meet the essential ingredients of cheating offences, preventing abuse of process.

Karnataka High Court quashes dowry harassment charges against six extended family members, ruling that mere familial ties do not establish prima facie liability under Section 498A IPC. The judgment reinforces that criminal proceedings require specific evidence, not general allegations, to prevent abuse of process.

Punjab & Haryana High Court holds that an FIR under Section 174-A IPC, though technically non-compoundable, can be quashed if the underlying offence is compromised. The ruling emphasizes that continuation of proceedings in such cases amounts to abuse of process, reinforcing the High Court's inherent powers under Section 482 CrPC to prevent injustice.

The Allahabad High Court held that consensual sexual relations, even if initiated by a false promise of marriage, cannot be prosecuted as rape under Section 376 IPC if the woman voluntarily participated over an extended period. This ruling clarifies that deception alone, without coercion or lack of consent, does not transform consensual acts into criminal rape - impacting how courts assess intent and consent in long-term relationships.

Punjab and Haryana High Court quashes criminal proceedings for framing charges under Section 15 of the Indian Medical Council Act, holding that cognizance requires a complaint, not an FIR.