#quashing of FIR

Advance under an agreement to sell is not 'entrustment' for criminal breach of trust (Section 406 IPC), and refusal to execute the sale deed lacks dishonest intent for cheating (Section 420 IPC) absent fraud at inception. The ruling bars criminalising civil property disputes without proof of dishonest intent from the outset, protecting parties from misuse of criminal process.

Inherent powers under Section 482 CrPC cannot quash an FIR for serious injuries such as a skull fracture, even if the parties have settled, the Delhi High Court held. The judgment emphasizes that grave bodily harm outweighs compromise, limiting the use of Section 482 in violent offences and guiding future quashal petitions.

Gujarat HC quashed FIR over Buddha-printed cloth, holding that Section 295A IPC liability needs deliberate malicious intent to outrage religious feelings. This clarifies mens rea standard for religious offence cases, affecting future deity-image complaints.

Gujarat HC quashed FIR against POA holders, ruling vague allegations lacking specific criminal intent amount to abuse of process under Sec 482 CrPC. It shields parties in property deals from baseless prosecutions and stresses need for concrete allegations.

The Gujarat HC held that post-warranty defects cannot ground criminal cheating or breach of trust charges, quashing the FIR as an abuse of process under Sec 482 CrPC to shield businesses from mala fide complaints in civil disputes.

The Gujarat High Court ruled Sections 406 and 420 IPC are mutually exclusive per Delhi Race Club (2024), quashing the FIR against two accused for vague, non-specific allegations. Omnibus family-dispute claims lacking intentional insult to provoke breach of peace also fail to attract Section 504 IPC.

The Calcutta High Court quashed a Section 498A complaint against parents-in-law, ruling it was a mala fide counterblast to an eviction order passed under the Senior Citizens Act. The court held that omnibus allegations lacking specific dates or overt acts constitute an abuse of process, shielding elderly litigants from retaliatory criminal proceedings.

The Uttarakhand High Court dismissed the rape FIR against a man who had lived with a widow for two years, ruling that cohabitation does not create a presumption of consent under the triple test. The decision underscores that a broken promise of marriage cannot convert a consensual live-in relationship into a rape charge. It limits the use of Section 482 to curb abuse of criminal process in similar cases.

The Meghalaya High Court ruled that a POCSO FIR may be quashed where the parties are in a consensual marriage and the alleged victim has given informed consent, invoking Section 528 CrPC’s discretionary power. The decision narrows POCSO’s reach in adolescent marriages and guides prosecutors on when FIRs can be dismissed.

Bombay High Court (Aurangabad Bench) quashed an FIR under BNS Section 69 after parties amicably settled personal disputes, aligning with the Supreme Court's approach in Madhukar. The ruling reinforces Section 482 CrPC's role in quashing FIRs where compromise is genuine and not coercive.

Allahabad High Court dismisses a second quashing petition under Section 482 CrPC, holding that successive petitions for the same FIR are not maintainable unless supported by fresh material or changed circumstances. The ruling reinforces the Supreme Court's precedent in M.C. Ravikumar, limiting abuse of process in criminal proceedings.

Karnataka High Court rules that allegations of 'false promise of marriage' under Section 69 BNS require proof of deceitful intent from the outset. Mere breach of promise or subsequent withdrawal does not suffice for criminal liability, reinforcing the need for thorough investigation before quashing FIRs in such cases.

Kerala High Court invokes inherent powers under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash criminal proceedings where parties amicably settled disputes under Bharatiya Nyaya Sanhita, 2023. The ruling reinforces the court's discretion to prevent abuse of process in compoundable offences.

Rajasthan High Court quashes FIR under Sections 64(2)(m), 308(2), and 351(3) of BNS, 2023, holding that compromise between parties can justify quashing even in non-compoundable offences if no useful purpose is served.

Allahabad High Court quashes FIR under Sections 363, 366 IPC, holding no offence where victim, a major, willingly married the accused and had children.