Here is a list the Supreme Court of India judgments applicable to various legal grounds to go for Discharge u/s 227 or 239 or 245 and Quash u/s 482.

Included few High Court judgments too for reference. Read the individual judgments to find the operative text of the respective judgments.

There are quite a few legal grounds on the basis of which a case can be discharged at Magistrate/Sessions Court or Quashed (High Court and Supreme Court).

Note1: Read State Of Orissa Vs Debendra Nath Padhi on 29 November, 2004 to understand that during Quash proceedings at High Court, Evidence of Sterling/Unimpeachable Quality from Defence/Accused can be adduced to dismantle the case of Prosecution at Trial Court.)

Note2: Second 482 CrPC petition is maintainable as per Landmark judgment in ‘Superintendent and Remembrancer of Legal Affairs West Bengal Vs Mohan Singh and Ors on 08 Oct 1974‘.

Note3: A Petition under section 482 CrPC is maintainable even when a Revision is available under 397/401 CrPC says, ‘Dhariwal Tobaco Products Ltd and Ors Vs State of Maharashtra and Anr on 17 Dec 2008‘. This view is re-affirmed by a 3-Judge bench of Supreme Court in, Prabhu Chawla Vs State of Rajasthan and Anr on 05 Sep 2016.

Note4: Read recent landmark decision of a Full bench of the Apex Court on when to/not to Quash a FIR/case in ‘Neeharika Infrastructure Pvt Ltd Vs State of Maharashtra and Ors‘ [2021 SCC ONLINE SC 315]

Note4: In recent landmark judgment Pradeep Kumar Kesarwani Vs State of Uttar Pradesh and Anr on 02 Sep 2025, Supreme Court issued 4-steps test/procedure to be followed by High Courts, in alleged False Rape cases.

Note: If you want to read this thread from beginning, go here.

No Jurisdiction Judgments

1. Satvinder Kaur vs State (Govt. Of N.C.T. Of Delhi) on 5 October, 1999 (1999) 8 SCC 728
2. Y. Abraham Ajith & Ors Vs Inspector Of Police, Chennai & Anr on 17 August, 2004
3. Manish Ratan And Others Vs State Of M.P And Another on 01 Nov 2006
4. Sonu and others Vs Govt. of NCT of Delhi and another on 10 October, 2007
5. Bhura Ram And Ors vs State Of Rajasthan & Anr on 2 April, 2008
6. Geeta Mehrotra & Anr vs State Of U.P. & Anr on 17 October, 2012 (Includes delay in complaint, vague allegations)
7. Sivangala Thandi Deepak & Others Vs The State of A.P. on 11 July 2014
8. Amarendu Jyoti And Others vs. State Of Chhattisgarh And Others on 4 Aug, 2014
9. Sudhir Mansinghka Vs State (Govt Of Nct Of Delhi) & Anr on 4 August, 2015
10. Amit Kumar Yadav And Others vs State Of Telangana on 11 September, 2015 (AP High Court judgment; Includes delay in complaint, perjury)
11. G.Ramamoorthy Vs The State Of Karnataka on 31 July, 2017
12. Manoj Vishwakarma & Ors vs The State Of Bihar & Anr on 12 September, 2017
13. Vishnu Mohan Jha & Ors vs The State Of Bihar & Anr on 21 November, 2017
14. Yadwinder Singh & Others vs State Of H.P. & Others on 10 August, 2018
15. Rupali Devi Vs State of UP and Ors on 09 April, 2019 (Bad law: No territorial Jurisdiction is applicable in 498A IPC cases); Interestingly, no other new/overruling judgment till date.

 

Vague and General and omnibus Allegations

1. MS Pepsi Foods Ltd and Anr Vs Spl JM and Ors on 4 November, 1997 (Complaint Case)
2. Ashok Chaturvedi and Ors Vs Shitul H Chanchani and Anr on 13 August, 1998 (Complaint Case)
3. B.S. Joshi & Ors Vs State Of Haryana & Anr on 13 March, 2003 (High Courts can quash a FIR or non-compoundable cases also not listed under CrPC 320)
4. Neelu Chopra and Anr Vs Bharti on 7 October, 2009
5. Preeti Gupta & Anr vs State Of Jharkhand & Anr on 13 August, 2010
6. Joseph Salvaraj A Vs State of Gujarat and Ors on 4 Jul 2011 [SC: Quash can be done even after charge sheet is filed by Police]
7. Gian Singh Vs State Of Punjab & Anr on 24 September, 2012 (Scenarios when a criminal proceeding can be quashed)
8. Buravilli Siva Madhuri Vs. Sri Buravilli Satya Venkata Lakshmana Rao and others on 25 September, 2012
9. Dipakbhai Ratilal Patel Vs State Of Gujarat on 26 September, 2014
10. Sandeep Singh Bais Vs The State Of Madhya Pradesh on 9 March, 2017
11. Nafisa Anjum Vs State of Chhattisgarh on 26 Sep 2018 [Chattisgarh HC: DV on relatives quashed who do not have shared household]
12. Korimerla Videesha Vs State of A.P. and Anr on 12 October, 2018 (AP High Court)
13. Anil Kumar and 2 Ors Vs State of A.P. Anr on 03 Apr 2019 (Telangana High Court: No evidence of Dowry Transaction)
14. Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (Conviction of 498A IPC set aside due to settlement; Cites BS Joshi caselaw)
15. Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022 (498A IPC quashed due to General and Omnibus allegations)
16. Krishnanand Mishra and Anr Vs State of Jharkhand on 09 Aug 2023 [Jharkhand HC: Misuse of Section 498A IPC; General and Omnibus allegations]
17. Rajan and Anr Vs The State of Madhya Pradesh and Anr on 17 Aug 2023 [Package of 5 cases laid on parents of husband]
18. Abhishek Gour Vs State of MP on 31 Aug 2023 [SC: Quash can be done even after charge sheet is filed by Police]
19. Rakesh Rajput and Anr Vs State of Jharkhand and Anr on 31 Oct 2023 [Jharkhand HC: Misuse of Section 498A IPC; General and Omnibus allegations]
20. Mamta Shailesh Chandra Vs State of Uttarakhand and Ors on 29 Jan 2024 [SC: Quash can be done even after charge sheet is filed by Police]
21. Mainoddin Vs State of Karnataka on 02 Feb 2024 [Relied on Kahkashan Kausar @ Sonam Vs State of Bihar]
22. Mamida Anil Kumar Reddy Vs State of AP and Anr on 05 Feb 2024 [Relying on Kahkashan Kausar @ Sonam Vs State of Bihar, Apex Court trashed the nonsensical decision of AP High Court]
23. Rajesh Aggarwal and Anr Vs State of NCT Delhi and Anr on 12 Mar 2024 [DHC: Relied on Kahkashan Kausar @ Sonam Vs State of Bihar]
24. Mathi Vijaya Lakshmi and Ors Vs State of Telangana and Anr on 03 May 2024 [TelHC: Relied on Category 1 of Bhajan lal and Preethi Gupta]
25. CB Prakash and Anr Vs State of Karnataka and Anr on 04 Jun 2024 [KarHC: Relied on Kahkashan Kausar]
26. Shaileshbhai Ranchhodbhai Patel and Anr Vs State of Gujarat and Ors on 28 Aug 2024 [SC: FIR can be quashed even after filing of CS]
27. Dara Lakshmi Narayana and 6 Ors Vs State of Telangana and Anr on 10 Dec 2024 [SC: Counterblast case]
28. Ghanshyam Soni Vs State (NCT of Delhi) and Anr on 04 Jun 2025 [DHC: Making generic and ambiguous allegations is abuse of process of law]
29. Raj Kamal Yadav and Anr Vs Manju Yadav and Other on 7 Aug 2025 [DHC: Making generic and ambiguous allegations against distant relatives is abuse of process of law]
30. Tushar Sampat Mane and Ors Vs State of Maharashtra on 8 Aug 2025 [BomHC : holding allegations were vague, exaggerated, and not grave enough to constitute cruelty under IPC.]
31. Sanjay D Jain and Ors Vs State of Maharashtra and Ors on 26 Sep 2025 [SC: Making generic and ambiguous allegations is abuse of process of law, Vague and general allegations cannot lead to forming of a prima facie case]
32. Asha G Vs State of Karnataka on 6 Jan 2026 [KarHC : Neighbours cannot be prosecuted under Section 498A IPC]
33. Asish Bera & Ors. v. The State of West Bengal & Anr on 30 Jan 2026 [CalHC : Quashed due to lack of material and duplicate complaints.]
34. Dr.Sushil Kumar Purbey and Anr Vs The State of Bihar and Ors on 9 Mar 2026 [SC :Quashed criminal proceedings against in-laws, held that identical omnibus allegations cannot justify differential treatment]
35. Charul Shukla Vs State of UP and Ors on 25 Mar 2026 [SC : FIR against in-laws quashed due to vague allegations, lack of evidence, and unexplained delay.]
36. Sivaraman Nair and Ors Vs State of Kerala and Anr on 24 Apr 2026 [SC : Quashes criminal proceedings against in-laws, emphasising absence of specific allegations and misuse of criminal law in matrimonial disputes.]

 

Allegations do not attract provisions of Sections in FIR

1. R.P. Kapur Vs State of Punjab 25 March, 1960
2. Dr.N.G.Dastane Vs. Mrs.S.Dastane on 19 March, 1975
3. State of Karnataka Vs. L. Muniswamy AIR 1977 SC 1489 [Inadequate material to sustain the charge of prosecution]
4. Smt. Sarla Prabhakar Waghmare v State of Maharashtra & Ors 1990 (2) RCR 18
5. State Of Haryana Vs Ch Bhajan Lal on 21 November, 1990 [A set of subsequent case laws arose from this landmark judgment]
6. Richhpal Kaur v. State of Haryana and Anr. 1991 (2)
7. V. Bhagat vs D. Bhagat on 19 November, 1993 AIR 1994 SC 710
8. State of H.P.V Nikku Ram & Ors 1995 (6) SCC 219
9. Satish Mehra Vs Delhi Administration and Anr on 31 July 1996
10. Shobha Rani v Madhukar Reddy AIR 1998 SC 121
11. Mohd. Hoshan v. State of A.P.; (2002) 7 SCC 414
12. Girdhar Shankar Tawade v. State of Maharashtra, AIR 2002 SC 2078
13. Savitri Devi Vs Ramesh Chand And Ors. on 19 May, 2003 (Delhi High Court)
14. Manju Ram Kalita vs State Of Assam on 29 May, 2009 (Conviction under IPC 498A set aside)
15. Sundar Babu & Ors Vs State Of Tamil Nadu on 19 February, 2009
16. U.Suvetha Vs State By Insp.Of Police & Anr on 6 May, 2009 (Concubine is not a relative of husband)
17. Shakson Belthissor Vs State Of Kerala & Anr on 6 July, 2009 [Allegations do not attract 498A IPC ingredients]
18. Vijeta Gajra Vs State Of Nct Of Delhi on 7 July, 2010
19. Preeti Gupta & Anr vs State Of Jharkhand & Anr on 13 August, 2010 [SC: Family members who are residing away from accused No.1 cannot be roped into the case]
20. Sunita Jha Vs State Of Jharkhand & Anr on 13 September, 2010
21. S Praveen Vs State Of Karnataka on 25 June, 2012
22. Asha Devi & Ors. Vs The State Of Bihar & Anr. on 24 July, 2012
23. Banti And Others vs State Of U.P. And Another on 31 August, 2012
24. Movva Raja Ram Vs State Of A.P. on 18 June, 2013
25. State Of Punjab Vs Gurmit Singh on 2 July, 2014
26. Babita Sumanprakash Soni Vs State Of Gujarat & on 4 December, 2014 (Concubine is not a relative of husband; IPC 494 is not applicable on concubine)
27. Deepika Tiwary Vs State Of Jharkhand on 6 January, 2015
28. Gayathri Kunjithaya Vs State Of Kerala On 19 January 2015
29. Rajinder Singh Vs State of Punjab on 26 February 2015 [Overruled Appasaheb and Vipin Jaiswal]
30. Dr. Rajneesh Satyadev Rajpurohit Vs Magistrate No.3 on 16 April, 2015
31. Shaik Riayazun Bee Vs The State Of A.P. on 1 June, 2016
32. Varala Bharath Kumar Vs The State Of Telangana on 5 September, 2017 [Allegations do not attract 498A and 406 IPC ingredients]
33. Subramani Vs The Sub-Inspector Of Police on 31 October, 2017 (Marriage should be there, to apply IPC 498A)
34. K R Nandakumar Vs State Of Karnataka on 16 March, 2018
35. K. Subba Rao Vs The State Of Telangana on 21 August, 2018
36. Arnab Manoranjan Goswami Vs State of Maharashtra and Ors on 11 Nov 2020 [allegations do not attract the provision of IPC 306; Separate FIRs Filed At Different Jurisdictions And In Same Incident Under Same Offence NOT allowed]
37. Samad Habib Mithani and Ors Vs State of Maharashtra and Anr on 25 Jul 2024 [relying on R.P. Kapur Vs State of Punjab, Family members cannot be roped into the case]
38. Mr xxxx Bhat Vs State of Karnataka and Ms xxxx Rao on 28 Jun 2024 [relying on R.P. Kapur Vs State of Punjab, Achin Gupta Vs State of Haryana and Bhajan Lal, quashed proceedings; 211 IPC also suggested]
39. Geetababi Khambra Vs State of MP and Anr on 9 Jan 2024 [MPHC:absence of specific date and time when the complainant-wife was subjected to the demand of dowry is sufficient to quash Dowry demand allegation]

 

Maliciously Instituted/ Counterblast cases/ Delay Not explained Cases

1. State of Karnataka Vs M. Devendrappa and Anr on 16 Jan 2002 [Category 7 of Bhajan lal; Counterblast case]
2. Sanapareddy Maheedhar and Anr Vs State of Andhra Pradesh and Anr on 13 December 2007 [Time-barred u/s 468]
3. Priya Vrat Singh & Ors Vs Shyam Ji Sahai on 5 August, 2008
4. State Of A.P Vs M. Madhusudhan Rao on 24 October, 2008
5. MS Eicher Tractors Ltd and Ors Vs Harihar Singh and Anr on 7 Nov 2008 [Category 7 of Bhajan lal; Counterblast case]
6. Sundar Babu & Ors Vs State Of Tamil Nadu on 19 February, 2009
7. Office of the Chief Post Master Vs Living Media India Ltd on 24 February 2012 [Various liberal principles in condoning delays under Sec 5 of Limitation Act; Time limitation applies to Govt instrumentality-appellant]
8. Rajiv Thapar and Ors Vs Madan Lal Kapoor on 23 January, 2013 [SC: guidelines to/not to quash/discharge]
9. Vineet Kumar And Ors Vs State Of UP & Anr on 31 March, 2017
10. State vs Mumtaz Ali & Anr on 8 August, 2017
11. Chandresh Shrivastava Vs The State Of Madhya Pradesh on 22 February, 2018
12. Dudekula Khasim Vs State of Andhra Pradesh on 24 Mar 2020 [APHC: Counterblast case to Husband’s divorce case]
13. Abhishek Singh Vs State of M.P. on 26 Dec 2022 [MPHC: 498A IPC covers invalid marriages also]
14. Swapan Kumar Das Vs State of West Bengal on 21 Aug 2023 [CalHC: proceeding are instituted only to fulfil personal grudge; Category 1 of Bhajan lal]
15. Achin Gupta Vs State of Haryana and Anr on 03 May 2024 [Category 7 of Bhajan lal; Counterblast case]
16. Shivendra Pratap Singh Thakur Vs State of Chhattisgarh and Ors on 15 May 2024 [SC: FIR which was lodged after 39 days of the incident, does not indicate the date or time]
17. Musin Babulal Thengade and Ors Vs State of Maharashtra and Anr on 29 Jan 2025 [BomHC: Limitation for prosecution under Section 498-A does not continue for indefinite period]
18. Geddam Jhansi and Anr Vs State of Telangana and Anr on 07 Feb 2025 [SC: DVC proceedings quash for same allegations under Article 142 of Constitution]
19. Arshad Neyaz Khan Vs State of Jharkhand and Anr on 24 Sep 2025 [SC: IPC 420 Vs IPC 406]

 

Material evidence required that supports allegations

1. R.P. Kapur Vs State of Punjab 25 March, 1960
2. Hira Lal & Ors. v. State (Govt. of NCT), Delhi, AIR 2003 SC 2865
3. Kaliyaperumal & Anr. v. State of Tamil Nadu, AIR 2003 SC 3828
4. CBI Vs Mukesh Pravinchandra Shroff and Ors on 25 November 2005
5. Parkash Singh Badal and Anr Vs State of Punjab and Ors on 6 December 2006 [there prima facie appears existence of any material and not the sufficiency of the materials]
6. Ran Singh and Anr. Vs. State of Haryana and Anr, Case no. appeal (Crl) 222 of 2008 arising out of SLP (Crl.) No. 3089 of 2006
7. M. Srinivasulu v. State of A.P., AIR 2007 SC 3146
8. Appasaheb & Anr. v. State of Maharashtra, AIR 2007 SC 763 [Overruled in Rajinder Singh here]
9. Shivanand Mallappa Koti v. State of Karnataka, AIR 2007 SC 2314
10. Sukhram v. State of Maharashtra, AIR 2007 SC 3050
11. Vipin Jaiswal Vs State of A.P. on 13 March 2013 [Demand of Property has to be in connection with marriage, as per Sec 2 of DP Act 1961] [Overruled in Rajinder Singh here]
12. Surinder Singh Vs State of Haryana on 13 November 2013 [Part-paid dowry is in Connection with Marriage]
13. M. Sudarshan Goud and Ors Vs The State of AP on 24 April 2020 [Demand of Property has to be in connection with marriage, as per Sec 2 of DP Act 1961]

 

Approaching Court with unclean hands

1. All Perjury judgments can be gainfully utilized. They are here.

 

498A IPC not maintainable due to null and void marriage/Earlier Divorce

1. Shivcharan Lal Verma and Anr Vs State of Madhya Pradesh on 19 Feb 2002 [SC]
2. Reema Aggarwal v. Anupam And Others on 8 Jan 2004 [SC: Held as per incuriam]
3. Mohit Gupta and Ors vs Govt of NCT of Delhi and Anr on 16 Oct 2006 [DelHC]
4. Mohammad Miyan and Ors Vs State of UP on 21 Aug 2018 [SC: Earlier divorced hence offences of IPC 498A and Dowry Prohibition Act is not tenable/maintainable]
5. Kanchanapally Srinivas Vs State of Telangana on 26 Apr 2021 [TSHC: Relying on Mohammad Miyan, Earlier divorced hence offences of IPC 498A and Dowry Prohibition Act is not tenable/maintainable]
6. Kode Narasimha Kumar and Ors Vs State of AP on 10 Nov 2022 [APHC: Relying on Mohammad Miyan, Earlier divorced hence offences of IPC 498A and Dowry Prohibition Act is not tenable/maintainable]
7. P Sivakumar and 2 Ors Vs State of Tamil Nadu on 09 Feb 2023 [SC]
8. Kantharaju Vs State of Karnataka on 17 Jul 2023 [KarHC]
9. M.Sreenivasulu and Ors Vs State of AP and Ors on 15 May 2024 [APHC]

 

Discharge Judgments u/s 227 Cr.P.C.

1. All discharge judgments u/s 227 CrPC can be found here.

 

Discharge Judgments u/s 239 Cr.P.C.

1. All discharge judgments u/s 239 CrPC can be found here.

 

 

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