10 August 2020


Search Results for Tag : Quashing of

Judgments

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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News

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

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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

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