30 January 2023


Search Results for Tag : Quashing

International Cases

Existence of propensity must be proved to the criminal standard(19.10.2016)

Respondent, Ms Mitchell was convicted of murder of her former partner Anthony Robin. At trial, she did not dispute that she had stabbed Mr Robin, but .....

Tags : Murder, Acquittal, Quashing

read»



Although confiscation may follow sentence, it is to be dealt with promptly(14.12.2016)

Respondent, pleaded guilty on 11 June 2012 to offences involving supply of heroin and money laundering. He had been caught in possession at his home o.....

Tags : Confiscation, Quashing, Restoration

read»



News

Calcutta HC: Petition U/s 482 CrPC To Quash Domestic Violence Proceedings Maintainable(01.10.2021)

Calcutta High Court has had the opportunity to expound in detail on the question whether an order passed by a Magistrate in a proceeding under Section.....

Tags : Calcutta High Court, Quashing of Domestic Violence Proceedings

read»



MP HC Quashes Detention Order on Ground of Not Informing Detenu of Right of Representation(10.09.2021)

Madhya Pradesh High Court has quashed a detention order on the ground that it did not contain a stipulation informing the detenue about his right to p.....

Tags : Madhya Pradesh High Court, Quashing of Detention Order

read»



Bombay HC Dismisses Application Filed by Jafar Ali Sher Ali Sayyad Seeking Quashing of FIR(13.09.2021)

Bombay High Court has dismissed an Application filed by one Jafar Ali Sher Ali Sayyad, seeking to quash a First Information Report registered against .....

Tags : Bombay High Court, Quashing of FIR

read»



SC Issues Notice on Kerala Govt Challenge Against HC Order Quashing 80:20 Distribution(29.10.2021)

Supreme Court has issued notice on the special leave petition filed by the State of Kerala challenging the Kerala High Court's order which quashed the.....

Tags : Supreme Court, HC Order Quashing 80:20 Distribution

read»



Delhi High Court Denies Quashing of FIR Against Rape Accused(10.01.2022)

Delhi High Court has refused to quash an FIR containing allegations of rape against a Government Servant. The court has observed that such an FIR cann.....

Tags : Delhi High Court, Rape, Quashing Of FIR

read»



Orissa High Court Quashes FIR Considering Inaction To Conclude Investigation For Long 15 Years(10.01.2022)

Orissa High Court quashed the FIR and the consequent proceedings taking into account the inaction of the investigating agency to conclude the investig.....

Tags : Orissa High Court, Quashing Of FIR, Criminal Intimidation

read»



Calcutta HC Allows Batch of Writ Petitions Seeking Quashing of Re-assessment Notices(18.01.2022)

Calcutta High Court has allowed a batch of writ petitions seeking quashing of impugned re-assessment notices issued post March 31, 2021 by the concern.....

Tags : Calcutta High Court, Quashing of Re-assessment Notices

read»



Supreme Court Dismisses Jharkhand Govt's Plea Assailing HC Order Quashing Detention Orders(22.12.2021)

Supreme Court has dismissed a special leave petition assailing Jharkhand High Court's order of declaring continuous detention after expiry of first th.....

Tags : Supreme Court, HC Order Quashing Detention Orders

read»



Calcutta HC Directs Income tax Department to Re-Consider on Quashing Revision Order(24.03.2022)

Calcutta High Court has directed the income tax department to re-consider the issue and pass a speaking order within 12 weeks, while quashing an order.....

Tags : Calcutta High Court, Quashing Revision Order

read»



Petition for Quashing FIR can be Entertained Even if Chargesheet is Filed During its Pendency: SC(16.11.2018)

Supreme Court has held that High Courts can entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is fil.....

Tags : Supreme Court, Petition for Quashing FIR

read»



Punjab & Haryana HC: No Compromise with Dead Man, FIR u/s 306 IPC Can't Be Quashed on Compromise(04.04.2022)

Punjab and Haryana High Court has dismissed the petition which seeks quashing of a First Information Report under Section 306 Indian Penal Code, 1860 .....

Tags : Punjab and Haryana High Court, quashing of an FIR, Section 306 Indian Penal Code, 1860, compromise

read»



Patna HC Denies Anticipatory Bail to Former VC of Magadh University, Dismisses Plea to Quash FIR(27.05.2022)

Patna High Court has dismissed the plea to quash the FIR registered against former Vice Chancellor (VC) of Magadh University Dr. Rajendra Prasad. The .....

Tags : Patna High Court, Anticipatory Bail, Quashing of FIR

read»



SC Criticizes ‘Cyclostyled Manner’ of Quashing FIRs, Direct to Follow Arnesh Kumar’s Guidelines(03.06.2022)

Supreme Court while showing displeasure has stated that the matters pertaining to quashing of FIR were disposed in ‘Cyclostyled’ manner by Uttarakhand.....

Tags : Supreme Court, Quashing of FIR, Cyclostyled

read»



Delhi High Court Directs Parties to Clean Yamuna River for 45 Days(13.06.2022)

Delhi High Court while quashing FIR based on compromise directed both the parties to clean river Yamuna for a period of 45 days.

Tags : Delhi High Court, Quashing, Compromise

read»



SC Refuses Former DGP's Plea Seeking Quashing of FIRs for Disobeying Lockdown(05.05.2020)

Supreme Court has refused to entertain a Public Interest Litigation filed by former police chief of Uttar Pradesh, Vikram Singh seeking directions to .....

Tags : Supreme Court, Quashing FIRs for Disobeying Lockdown

read»



SC Orders NLSIU to Conduct Admissions Through CLAT 2020(21.09.2020)

Supreme Court has quashed the conduct of National Law School of India University’s separate entrance exam, National Law Aptitude Test, 2020 (NLAT 2020.....

Tags : Supreme Court, Quashing of NLAT 2020

read»



Delhi HC Issues Notice in Police Officer's Plea Seeking Quashing of FIR Under SC/ST Act(16.04.2020)

Delhi High Court has issued notice in a plea moved by a police officer seeking quashing of a First Information Report (FIR) against him which was regi.....

Tags : Delhi High Court, Police Officer's Plea Seeking Quashing of FIR Under SC/ST Act

read»



HP HC: S.320 CrPC Not Bar to Power for Quashing Non-Compoundable Offences In Appropriate Cases(08.08.2022)

Himachal Pradesh High Court has held that if for the purpose of securing the ends of justice quashing of FIR is necessary, then Section 320 of Code of.....

Tags : Himachal Pradesh High Court, Non-Compoundable Offences, Quashing

read»



SC: Be Slow in Quashing Criminal Proceedings on Basis of Settlement When Offences Impacting Others(09.09.2022)

Supreme Court has held that courts should be slow to exercise their jurisdiction to quash criminal proceedings on the basis of settlement, when offenc.....

Tags : Supreme Court, Quashing, Settlement

read»



High Court can't Stay/Quash an Order in Anticipation, Before That Order is Passed: SC(08.01.2019)

Supreme Court has observed that a High Court cannot stay or/and quash the orders in anticipation, before they are passed by an authority.

Tags : Supreme Court, Quashing orders in anticipation

read»



Orissa HC: Case U/S 498A IPC Can’t be Quashed on Ground That Marriage is Not Valid(02.12.2022)

Orissa High Court has held that proceedings under Section 498A of Indian Penal Code (IPC) cannot be quashed by a High Court under Section 482 of CrPC .....

Tags : Orissa High Court, Quashing, Valid Marriage

read»



Delhi HC Refuses to Quash Rape Case Where Accused and Complainant Settled(02.02.2021)

Delhi High Court has refused to quash a Rape Case on the basis of compromise entered into between the parties, wherein petitioner/accused and the resp.....

Tags : Delhi High Court, Quashing of Rape Case

read»



Bombay HC Allows Quashing of Rape Case(15.04.2019)

Bombay High Court has allowed quashing of an FIR under Section 376 of Indian Penal Code (IPC), which deals with rape, after the complainant submitted .....

Tags : Bombay High Court, Quashing of Rape Case

read»



SC Dismisses Plea Against All. HC Order Refusing to Quash FIRs Relating to Mohammad Ali Jauhar Trust(05.01.2023)

Supreme Court has refused to entertain plea filed by the office-bearers of Rampur's Maulana Mohammad Ali Jauhar Trust, headed by Azam Khan, for quashi.....

Tags : Supreme Court, Maulana Mohammad Ali Jauhar Trust, Quashing

read»



SC: Unexplained Inordinate Delay Can be a Crucial Factor for Quashing Criminal Complaint(19.12.2022)

Supreme Court while observing that law is meant to exist as a shield to protect the innocent, rather than it being used as a sword to threaten them, h.....

Tags : Supreme Court, Inordinate Delay, Criminal Complaint, Quashing

read»



Judgments

Notwithstanding fact that offence is non-compoundable, FIR can be quashed, if Court otherwise satisfied that, facts and circumstances of case so warrant(29.08.2016)

Present petition under Section 482 CrPC for quashing of FIR, under Section 324/325/34 IPC registered at Police Station on basis of compromise deed exe.....

Tags : FIR, Quashing, Non-compoundable

read»



FIR can be quashed in case of non-compoundable offences, if Court is satisfied that facts and circumstances of case so warrant(20.10.2016)

Present petition filed by Petitioners, for quashing of FIR No.653/2013 dated 17th July, 2013, under Sections 498-A/406/34 Indian Penal Code, 1860 (IPC.....

Tags : FIR, Inherent powers, Quashing

read»



For attracting the provisions of offence punishable Section 7 of Essential Commodities Act,1955/Act the order under Section 3 of Act is essential.(08.03.2017)

By way of filing these applications, Applicants have prayed to quash and set aside respective first information reports, registered against them for .....

Tags : FIR, Proceedings, Quashing

read»



Dispute of regularization/absorption once settled and having been acted upon cannot be allowed to be raised or reopened(09.11.2017)

Instant intra Court appeal is against the order passed by the learned Single Judge whereby he has allowed writ petitions. These writ petitions were fi.....

Tags : Regularization, Notices, Quashing, Validity

read»



A cognizance can be quashed only when uncontroverted allegations made in F.I.R or complaint do not disclose commission of any offence(19.02.2018)

Present is an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) with a prayer to quash the criminal proceeding wherein the .....

Tags : Cognizance, Quashing of, Grant

read»



When sender has dispatched notice by post with correct address, then it can be deemed to have been served upon the sendee(19.04.2018)

The Applicant, through present application moved under Section 482 of Code of Criminal Procedure, 1973 (CrPC), has invoked the inherent jurisdiction o.....

Tags : Notice, Service, Proceedings, Quashing of

read»



FIR cannot be quashed at the threshold itself without allowing the investigation to proceed(01.08.2018)

In present petition, the Petitioners crave the indulgence of present Court in quashing the FIR registered against them at Police Station. The complain.....

Tags : FIR, Quashing of, Entitlement

read»



Relatives of husband should not be roped in on basis of omnibus allegations unless specific instances of their involvement in crime are made out(21.08.2018)

In instant case, Respondent No. 2 submitted a complaint to the Police Station, Cyberabad, alleging harassment by her husband and his family members in.....

Tags : FIR, Proceedings, Quashing

read»



High Court had power to prevent abuse and quash confronted proceeding, if any attempt is made to abuse the authority(29.10.2018)

The present petition has been filed to set aside the order convicting Petitioner under Section 376, 323 of Indian Penal Code, 1860 (IPC), and the orde.....

Tags : Proceedings, Quashing of, Jurisdiction

read»



No bar to a trial or conviction of an offender under two different enactments, but bar is only to punishment of offender twice for offence(20.09.2018)

In present matter, First Information Reports (FIRs) were registered for transportation and sale of Gutka/Pan Masala for offences punishable Under Sec.....

Tags : FIR, Quashing, Validity

read»



Case of demand of dowry must co-relate with marriage or pre-marriage stage and not every demand after marriage will come within purview of dowry(06.12.2018)

Present application under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed to quash the proceeding of case under Sections 498A, 3.....

Tags : Dowry demand, Proceedings, Quashing of

read»



FIR can only be quashed in order to prevent abuse of process of law or to otherwise secure the ends of justice(17.10.2018)

In the instant petition filed under Section 561-A of Code of Criminal Procedure, 1973 (CrPC), the Petitioners seek quashment of FIR registered at Poli.....

Tags : FIR, Cognizance, Quashing of

read»



Once there is a prima facie case in existence against Petitioner, his allegation of malafide are of no consequence(26.10.2018)

Instant is a petition invoking Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of entire proceeding pending in case registered.....

Tags : FIR, Quashing of, Evidence

read»



Once Investigating Officer submitted final report on conclusion of investigation, High Court was not justified in interfering with criminal proceedings(22.01.2019)

In instant matter, the Appellant herein-original Complainant filed a Criminal Complaint against the private Respondents herein-the original Accused be.....

Tags : Proceedings, Quashing of, Validity

read»



Mere fact of taking of cognizance in no way can be said to be "commencement of proceeding"(18.02.2019)

The Petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing the order passed by learned Sub-divis.....

Tags : Cognizance, Proceedings, Quashing of

read»



Mere fact that, complaint relates to a commercial transaction or breach of contract for which a civil remedy is available is not by itself a ground to quash criminal proceedings(11.01.2019)

Criminal Miscellaneous application is for quashing the order rejecting the petition filed for discharge of the Petitioner. The allegation against the .....

Tags : Commercial transaction, Breach, Proceedings, Quashing

read»



If dismissal of complaint was not on merit, but on default of complainant, moving Magistrate again with a second complaint on same facts is maintainable(14.12.2018)

Present appeal is against the final judgment passed by the High Court allowing Criminal Original Petition filed under Section 482 Code of Criminal Pro.....

Tags : Proceedings, Quashing of, Validity

read»



Remedy available under Consumer Protection Act does not debar criminal action(14.03.2019)

Present petition has been preferred under Section 482 of Code of Criminal Procedure, 1973 (CrPC) for quashment of impugned order whereby the applicati.....

Tags : Proceedings, Cognizance, Quashing of

read»



For wrongdoing of a Company, its officers may be responsible, but not to extent that all employees of a Company would be criminally liable(28.03.2019)

The Petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC). For quashing of the order of cognizance passed by.....

Tags : Proceedings, Quashing of, Validity

read»



Persons who were in charge of and responsible for conduct of business of company at time of commission of offence are only liable for criminal action(06.06.2019)

The Petitioner is a employee of SIDBI Venture Capital Limited, which appointed the Petitioner as a nominee Director of the Avni Energy Solutions Priva.....

Tags : Proceedings, Quashing of

read»



An ‘error of judgment’ by doctor does not make him guilty of criminal negligence under section 304-a of IPC(06.04.2017)

Appellant herein is a doctor and has challenged order passed by High Court of Judicature of Bombay, whereby Petition filed by Appellant under Section .....

Tags : Negligence, Proceedings, Quashing

read»



FIR or complaint can be quashed even in non-compoundable offences, if Court is satisfied that parties have settled disputes amicably(09.04.2019)

The present petition is maintained by the Petitioners under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of FIR under Secti.....

Tags : Compromise deed, FIR, Quashing of

read»



Vague and general allegations not enough to incriminate remote relatives of husband(04.06.2019)

The Applicants preferred present application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking relief to quash and set aside th.....

Tags : FIR, Proceedings, Quashing of

read»



Mere show-cause notice or charge-sheet does not infringe the right of anyone, a writ petition lies when some right of any party is infringed(10.05.2019)

Present Original Application has been filed challenging the legality, validity and propriety of charge-sheet. The Applicant is also aggrieved by an or.....

Tags : Chargesheet, Quashing of, Entitlement

read»



A second or successive FIR filed in connection with same or connected cognizable offence committed in course of same transaction is not maintainable(18.06.2019)

In facts of present case, the Respondent No. 2 had lodged an F.I.R. on 15th December, 2016 based on which, case was registered under Section 498(A) of.....

Tags : Second FIR, Proceedings, Quashing of

read»



Cognizance can be taken only on a complaint made by Appropriate Authority concerned(16.07.2019)

Present appeal arises out of judgment passed by the High Court by which the High Court has quashed the summoning order issued against the Respondents .....

Tags : Cognizance, Proceedings, Quashing of

read»



High Court may quash the criminal proceeding if possibility of conviction is remote and continuation of proceeding would cause prejudice(10.10.2017)

By the present application, the Applicant Nos. 1, 2 and 3 prayed to quash and set aside first information report lodged by the Applicant No. 1 against.....

Tags : FIR, Quashing, Discretion

read»



High Court has inherent power to quash criminal proceedings even in non-compoundable cases, where parties have settled matter between themselves(05.09.2019)

By way of instant petition filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), a prayer has been made on behalf of the Petitioners.....

Tags : Settlement, Proceedings, Quashing of

read»



Powers to summon any witness can be invoked at any stage of inquiry or trial, if such evidence appears to the Court to be essential(09.08.2019)

The present criminal revision petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of order passed by learn.....

Tags : Witness, Summon, Proceedings, Quashing of

read»



Heinous and serious offences cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute(04.10.2017)

In present matter, High Court of Gujarat dismissed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC). The Appellants sou.....

Tags : FIR, Quashing, Grant

read»



Interim stay granted in respect of one pocket of land would operate even with respect to other pockets of land(04.09.2019)

The State of Maharashtra have preferred the present appeals against impugned judgments passed by the High Court, by which the High Court has quashed t.....

Tags : Award, Declaration, Proceedings, Quashing of

read»



If basic ingredients of offence alleged are altogether absent, it is open to High Court to quash criminal proceedings(31.07.2019)

Present appeal is against a judgment passed by the High Court dismissing Criminal Petition filed by the Appellant under Section 482 of the Code of Cri.....

Tags : Proceedings, Quashing of, Jurisdiction

read»



High Court has inherent power to quash criminal proceedings even in the cases which are not compoundable but where parties have settled the matter between themselves(02.12.2019)

By way of present petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) a prayer has been made on behalf of the Petitioner(.....

Tags : Complaint, Quashing of, Settlement, Parties

read»



FIR cannot be quashed, when complainant has a case that, settlement arrived between parties was made under guise of threat and coercion(25.10.2019)

The Appellant herein, is the informant in crime registered in FIR on the file of Mahila Police Station. On her complaint, the aforesaid crime is regis.....

Tags : FIR, Quashing, Legality

read»



FIR as well as criminal proceedings can be quashed to prevent abuse of process of any Court, even in not compoundable cases, where parties have settled the matter(04.10.2019)

Present petition has been preferred under Section 482 of Code of Criminal Procedure, 1973 (CrPC) for quashing of FIR registered under Sections 354(D) .....

Tags : FIR, Proceedings, Quashing of

read»



Mere fact of arbitration clause in agreement cannot prevent criminal prosecution against accused, if an act constituting a criminal offence is prima facie made out(17.01.2020)

In facts of present case, the complainant is a company conducting chitty business. Mr. M.L. George was the subscriber of four chitties conducted by th.....

Tags : Cheque bounce, Proceedings, Quashing of

read»



Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at beginning of transaction(31.05.2018)

Present application under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed for quashing the summoning order passed by Additional .....

Tags : Misappropriation, Proceedings, Quashing of

read»



Power under Section 482 of the CrPC cannot be exercised for upsetting concurrent findings of two courts below in absence of any perversity(13.03.2020)

The Petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) with the prayers to allow the presen.....

Tags : Powers, Complaint, Quashing of

read»



A Corporate Debtor would not be liable for any offence committed prior to commencement of CIRP and would not be prosecuted, if a resolution plan has been approved by Adjudicating Authority(13.03.2020)

The Petitioner has filed the present petition impugning an order, whereby the Trial Court had taken cognizance of the offences punishable under the Co.....

Tags : Complaint, Cognizance, Quashing of

read»



Progress of the criminal law, once legitimately set in motion, should not be halted by judicial diktat, save in exceptional circumstances(06.05.2020)

Present writ petition, preferred under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) read with Article 226 of the Constitution of India, .....

Tags : Proceedings, Quashing of, Entitlement

read»



Power to arrest a person by a customs officer is statutory in character and cannot be interfered with(14.09.2020)

Present is a petition filed under Section 482 of Code of Criminal Procedure, 193 (CrPC). The Petitioner is the 3rd accused for allegedly committing an.....

Tags : Smuggling, Proceedings, Quashing of

read»



High Court has inherent power to quash criminal proceedings even in cases which are not compoundable and where the parties have settled the matter between themselves(04.08.2020)

By way of present petition filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC), prayer has been made on behalf of the Petitioner for qu.....

Tags : FIR, Compromise, Quashing of

read»



When product has the necessary barcode on it containing all the relevant information, there is no violation of Regulations(04.09.2020)

In present matter, the Appellant questions his prosecution under Rule 32(e) of the Prevention of Food Adulteration Rules, 1955 framed under the Preven.....

Tags : Barcode, Proceedings, Quashing of

read»



Magistrate can order registration of FIR under Section 156(3) of CrPC for offences under Mines And Minerals Act as bar under Section 22 of MMDR Act is not attracted(03.12.2020)

Present appeals are against impugned common judgment and order of High Court dismissing the applications filed under Section 482 of Code of Criminal P.....

Tags : Cognizance, FIR, Quashing of

read»



Investigation and arrest under Immoral Traffic (Prevention) Act, 1956 has to be conducted by Special Police Officer authorized in that behalf(27.11.2020)

Petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) to quash all further proceedings against the Petitioner/first acc.....

Tags : Jurisdiction, Proceedings, Quashing of

read»



Holding peaceful processions, raising slogans cannot be considered as an offence under Constitution of India, 1950(22.02.2021)

The Petitioner, who is an Advocate and member of the Shimla District Courts Bar Association, has come up before present Court seeking quashing of FIR,.....

Tags : Peaceful processions, FIR, Quashing of

read»



When disputed questions of facts are involved which need to be adjudicated after parties adduce evidence, complaint under Section 138 of NI Act ought not to be quashed(06.04.2021)

The complainant filed a complaint under Sections 138/141/142 of Negotiable Instruments Act, 1881 (NI Act) before the learned trial Court for remedies .....

Tags : Complaint, Quashing of, Entitlement

read»



Juvenile Justice Board has exclusive jurisdiction relating to children in conflict in law; not for offences against children(12.10.2021)

Present petition is filed to quash the FIR registered against the Petitioners and thereby quashing every other proceeding undertaken in the said FIR. .....

Tags : FIR, Quashing, Grant

read»



Rule Or Law Cannot Be Construed As Retrospective Unless It Expresses A Clear Or Manifest Intention To The Contrary(06.09.2021)

The State of Kerala, is aggrieved by the judgement of the High Court, which allowed the Respondent’s -("the licensee") writ petition -whereby he claim.....

Tags : Demand, Quashing, Legality

read»



Writ of mandamus cannot be issued directing the competent authority to grant relaxation in qualifying service(22.11.2021)

Appellant impugned judgment passed by the Division Bench of the High Court by which the Division Bench of the High Court has dismissed the Special App.....

Tags : Eligibility lists, Quashing, Legality

read»



Specific role of the accused is not required in granting prior approval under Section 24(1)(a) of the Act, 2000, if material collected by the Investigating Agency reveals close nexus with the accused(21.10.2021)

Present appeals emanate from the judgment passed by the High Court whereby the High Court partly allowed the writ petition and quashed the order issue.....

Tags : Chargesheet, Quashing of, Legality

read»



Key ingredient of having a dishonest or fraudulent intent under sections 405, 419 and 420 of IPC must be established, mere breach of contract is not cheating(26.10.2021)

Present appeal is directed against the judgment and order passed by the High Court filed by the Appellants under Section 482 of the Code of Criminal P.....

Tags : Complaint, Chargesheet, Quashing

read»



Offence under Section 307 of IPC is a crime against the society and so proceedings under the same cannot be quashed only on the ground of compromise(20.09.2021)

The present petition was filed under Section 482 of code of Criminal Procedure, 1973 (Cr.P.C) for quashing FIR registered for offences under Sections .....

Tags : Crime of serious nature, Quashing of proceedings, Compromise

read»



Court, in exercise of its jurisdiction under Section 482 of CrPC cannot go into the allegations made in the complaint or delve into the disputed question of facts(13.04.2022)

The present petition under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed by the Petitioner for quashing the Criminal Complaint.....

Tags : Complaint, Proceedings, Quashing of

read»



To make out a case against a person for the offence under Section 420 of IPC, there must be a dishonest inducement to deceive a person to deliver any property to any other person(10.05.2022)

The original writ petitioners before the High Court have preferred the present appeal against impugned judgment and order passed by the High Court by .....

Tags : Proceedings, FIR, Quashing

read»



An emoji is sent to express ones feeling about something, it cannot be treated as an overt act on others.(05.06.2018)

In facts of present case, all the Petitioners are working in BSNL Department and the Second Respondent/de-facto complainant is also in BSNL Department.....

Tags : Cognizance, FIR, Quashing of

read»



High Court should not exercise its jurisdiction under Section 482 of CrPC to quash the charges of rape on ground that parties have entered into a compromise(05.04.2022)

The present petition has been filed by the Petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Pro.....

Tags : FIR, Proceedings, Quashing of

read»



When the proceedings are at a nascent stage, scuttling of the criminal process is not merited(26.04.2022)

The challenge in present appeals is to the judgment and order whereby the Delhi High Court dismissed the application under Section 482 of the Code of .....

Tags : Summoning order, Quashing, Grant

read»



Writ jurisdiction is a discretionary remedy which should be sparingly exercised(24.08.2022)

In facts of present case, the Petitioner approached this Court seeking issuance of a writ of certiorari for quashing the Charge Memorandum dated 13th .....

Tags : Charge Memorandum, Proceedings, Quashing of

read»



No mini trial can be conducted by the High Court in exercise of powers under Section 482 of CrPC(11.07.2022)

In present matter, State of U.P. as well as the original informant have preferred the present appeals dissatisfied with the impugned judgment passed b.....

Tags : Mini trial, Proceedings, Quashing of

read»



FIR cannot be quashed at the early stage when even a draft charge-sheet has not been submitted to the Magistrate(22.08.2022)

The present petition has been filed by the Petitioner seeking quashing of FIR registered under Sections 376, 377, 323 and 34 of the Indian Penal Code,.....

Tags : FIR, Proceedings, Quashing of

read»



Without specific allegations in the complaint reflecting the role of the accused, the persons named cannot be summoned in case under Section 138 of NI Act(08.08.2022)

The Respondents had filed the complaints under Section 138 read with Section 141 of the Negotiable Instrument Act, 1985 (N.I. Act) against Pantel Tech.....

Tags : Complaint, Proceedings, Quashing of

read»



Insult or Abuse of SC-ST Person within four walls of a house is not an offence under SC-ST Act(05.11.2020)

The challenge in the present appeal is to an order passed by the High Court whereby the petition filed by the Appellant under Section 482 of the Code .....

Tags : FIR, Charge-sheet, Quashing of

read»



Prosecution cannot be instituted in absence of sanction of the Insurance Commissioner(19.09.2022)

The present petition is filed under section 482 of Code of Criminal procedure, 1973 (Cr.P.C.) for quashing of complaint filed by the Respondent for th.....

Tags : Summoning order, Sanction, Quashing

read»



Affidavit could only be considered as piece of evidence, when statute permits so(08.05.2017)

Applications under Section 482 of Code of Criminal Procedure, 1973 (Cr.PC) have been filed with prayer to quash proceedings of Criminal Complaint Case.....

Tags : Complaint, Quashing

read»



For quashing of complaint, it must be shown that no offence is made out against the Director or Partner(16.09.2022)

Present appeal is at the instance of the original complainant of a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (“the NI .....

Tags : Proceedings, Quashing of, Legality

read»



Existence of an arbitration clause does not debar the court from entertaining a writ petition(12.05.2021)

Present Petition under Article 136 of the Constitution of India, 1950 filed by the Petitioner (UPPTCL), is against a final Judgment passed by the High.....

Tags : Direction, Quashing of, Jurisdiction

read»



Mere storage cannot be construed as an attempt to commit an offence under Section 328 of IPC(13.09.2019)

The Petitioners, who are arraigned as accused in FIR registered for the offences punishable under Sections 179, 188, 273 and 328 of the Indian Penal C.....

Tags : FIR, Proceedings, Quashing of

read»



A breach of a promise cannot be said to be a false promise(21.08.2019)

In present matter, the High Court dismissed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC). The Appellant sought the .....

Tags : FIR, Registration, Quashing of

read»



Code of Criminal Procedure does not provide for reinvestigation. In a rare case, re-investigation can be ordered to meet ends of justice(27.08.2018)

The present petition is maintained by the Petitioner under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for re-investigation in the FIR .....

Tags : FIR, Re-investigation, Quashing of

read»



Complaint under Section 138 NI Act cannot be quashed when disputed question of facts are involved(10.02.2020)

Present appeals arise out of the impugned judgment passed by the High Court dismissing Criminal Miscellaneous Application thereby declining to quash t.....

Tags : FIR, Quashing of, Legality

read»



Offences pertaining to demand of dowry are offences against the society(10.02.2020)

Present appeal is directed against the impugned judgment passed by the High Court dismissing the petition filed by the Appellants under Section 482 of.....

Tags : Charge sheet, Quashing, Compromise

read»



Mere payment of contributions after filing of case will not absolve employer from his liability(27.04.2018)

In facts of present case, on November 19, 2014, Enforcement Officer, Employees Provident Fund Organization (Opposite party No. 2) inspected the establ.....

Tags : Provident Fund, Deposit, Default, Proceedings, Quashing

read»



An FIR can be quashed, if accusations therein do not disclose a cognizance offence but constitutes only a non-cognizable offence(18.04.2018)

Present is a petition under Section 561-A of Code of Criminal Procedure, 1973 (CrPC) whereby Petitioner seeks quashing of FIR registered against him i.....

Tags : FIR, Investigation, Quashing of

read»



A condition for clearance of dues cannot be termed as unreasonable or arbitrary(01.06.2020)

The Respondent is an auction-purchaser of a unit owned by SB Beverages Private Limited, which failed to pay its dues, resulting in the auction by Synd.....

Tags : Demand, Quashing, Legality

read»



FIR must disclose a cognizable offence has been committed. If that condition is satisfied, investigation must go on(12.07.2018)

The Petitioners are aggrieved by the registration of FIR against them in Police Station under Sections 406, 420 and 120B of the Indian Penal Code, 186.....

Tags : FIR, Registration, Quashing of

read»



A Court cannot interfere in the plausible view taken by the arbitrator which is supported by reasoning(11.05.2020)

In facts of present case, Appellant was awarded the work order dated 20th July, 1995 pursuant to a tender floated by the Respondent in 1994. The contr.....

Tags : Award, Quashing of, Legality

read»



At stage of cognizance and summoning, merits of the case cannot be tested and it is impermissible for the Court to enter into the factual arena to adjudge the correctness of the allegations(21.09.2020)

Present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) to quash the Charge Sheet in Case Crime registered.....

Tags : Cognizance, Proceedings, Quashing of

read»



Magistrate can discharge the accused at any stage of the trial if he considers the charge to be groundless(10.06.2022)

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) has been filed on behalf of the petitioner seeking an order allo.....

Tags : Charges, Proceedings, Quashing of

read»



There Should be no Impediment in Quashing the FIR, if COURT is Otherwise Satisfied that the Facts and Circumstances of Case so Warrant(20.02.2017)

Present writ petition has been filed by Petitioner, for quashing of FIR No. 604/2016, under Sections 323/354/506/509/34 of Indian Penal Code, 1860 reg.....

Tags : FIR, Quashing, Discretion

read»



Section 499 of the IPC does not give absolute privilege to statements made in a Court of law in the judicial proceedings(10.03.2021)

Present petition is filed under Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C) by the accused for quashing complaint and all proceedings aga.....

Tags : Absolute privilege, Complaint, Quashing of

read»