Category: I P C

Criminal proceedings can be quashed if a civil dispute is disguised as a criminal offense, indicating an abuse of process. Penal Code, 1860 (IPC) — Sections 419, 420, 467, 468, 471 — Cheating, Forgery, Using Forged Document — Abuse of process of law — Civil dispute disguised as criminal offence — Complaint filed after significant delay following dismissal of objections and failure to pursue civil remedies — Allegations of fabrication of will and circumvention of sale deed not prima facie made out — Continuation of proceedings would be an abuse of process and not serve ends of justice — High Court erred in refusing to quash — Order set aside and proceedings quashed.

2025 INSC 915 SUPREME COURT OF INDIA DIVISION BENCH URMILA DEVI AND OTHERS Vs. BALRAM AND ANOTHER ( Before : B.V. Nagarathna and K.V. Viswanathan, JJ. ) Criminal Appeal No.…

Criminal proceedings may be quashed if cheating or criminal breach of trust elements are absent, or if civil disputes are wrongly criminalized, amounting to abuse of process.- Section 420 — Cheating — Ingredients not made out — Agreement to Sell for property was executed, but possession was not handed over as stipulated in the ATS — No fraudulent or dishonest inducement found — Criminal proceedings quashed.

2025 INSC 917 SUPREME COURT OF INDIA DIVISION BENCH S.N. VIJAYALAKSHMI AND OTHERS Vs. STATE OF KARNATAKA AND ANOTHER ( Before : Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. ) Criminal…

Penal Code, 1860 — Sections 420, 468, 471 — Cheating, Forgery, Using Forged Document — Essential Ingredients — Complaint based on a GPF nomination form from 1996 failed to establish fraudulent intent or any act attributable to the accused; it did not override statutory birth certificates, nor did it prove falsification by the accused — No evidence of dishonest inducement, wrongful gain, or loss — Allegations based on conjecture and surmises, intended to malign the accused — Continuation of proceedings amounts to abuse of process when allegations are inherently improbable and no case is made out.

2025 INSC 903 SUPREME COURT OF INDIA DIVISION BENCH CHIRAG SEN AND ANOTHER ETC. Vs. STATE OF KARNATAKA AND ANOTHER ( Before : Sudhanshu Dhulia and Aravind Kumar, JJ. )…

Abkari Act, 1077 – Section 8 – Carrying 5 litres of illicit arrack – Conviction based solely on testimony of official witnesses – Delay in investigation – Testimonies of official witnesses can not be discarded simply because independent witnesses were not examined – Mere urging that delay casts a suspicion on the investigation, without any evidence being led in furtherance thereof, cannot be sustained

SUPREME COURT OF INDIA DIVISION BENCH  SATHYAN — AppellantVs.STATE OF KERALA — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal Appeal No. 2363 of 2023…

Penal Code, 1860 — Sections 406 and 420 — Cheating and Criminal Breach of Trust — FIR registered based on a property dispute, with conflicting allegations between FIR and civil suit pleadings — Discrepancies in alleged sale consideration and property descriptions indicate manipulation to create a criminal case out of a civil transaction.

2025 INSC 870 SUPREME COURT OF INDIA DIVISION BENCH MALA CHOUDHARY AND ANOTHER Vs. STATE OF TELANGANA AND ANOTHER ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal…

Five golden principles for cases based on circumstantial evidence reiterated: (1) circumstances establishing conclusion of guilt must be fully established; (2) facts established consistent only with hypothesis of guilt; (3) circumstances conclusive in nature; (4) exclude every possible hypothesis except guilt; (5) complete chain of evidence leaving no reasonable ground for innocence

2025 INSC 793 SUPREME COURT OF INDIA DIVISION BENCH CHETAN Vs. THE STATE OF KARNATAKA ( Before : Surya Kant and Nongmeikapam Kotiswar Singh, JJ. ) Criminal Appeal No. 1568…

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