Quashing of Criminal Proceedings -- Matrimonial and Financial Disputes -- Prosecution amounting to abuse of process liable to be quashed
(i) Criminal Procedure Code, 1973, S.482 -- Quashing of Criminal Proceedings -- Matrimonial and Financial Disputes -- Prosecution amounting to abuse of process liable to be quashed. Criminal cases arising from matrimonial and financial disputes, marked by exaggerated, contradictory and mala fide allegations, amount to abuse of process of law and warrant exercise of inherent power to quash. Surrounding circumstances and litigation history between the parties are relevant considerations at the quashing stage in exceptional cases where vendetta litigation is apparent from the record. (ii) Protection of Children from Sexual Offences Act -- Presumption Under Section 29 -- Presumption not absolute, arises only on proof of foundational facts (iii) Protection of Children from Sexual Offences Act, 2012, S.29 -- Protection of Children from Sexual Offences Act -- Presumption Under Section 29 -- Presumption not absolute, arises only on proof of foundational facts. The presumption of guilt operates only where foundational facts are established through credible and relevant material. In absence of such material, the presumption cannot sustain a prosecution, and the proceedings are liable to be quashed under inherent powers of the Court.
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