August 2018

Rape–Compromise–Quashing–After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak-FIR and all subsequent proceedings quashed-lndian Penal Code, 1860, S.376.                                                                        

By | August 19th, 2018|Quashing|

Comments Off on Rape–Compromise–Quashing–After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak-FIR and all subsequent proceedings quashed-lndian Penal Code, 1860, S.376.                                                                        

Indian Penal Code, 1860, S.376–Rape–Compromise-~Quashing–Held; keeping in view nature of offences and fact of compromise between the parties, the chances of conviction are bleak and continuance of criminal proceedings would be a futile exercise—FIR and all subsequent proceedings quashed—Criminal Procedure Code, 1973, S.482.                                                                           

By | August 19th, 2018|Quashing|

Comments Off on Indian Penal Code, 1860, S.376–Rape–Compromise-~Quashing–Held; keeping in view nature of offences and fact of compromise between the parties, the chances of conviction are bleak and continuance of criminal proceedings would be a futile exercise—FIR and all subsequent proceedings quashed—Criminal Procedure Code, 1973, S.482.                                                                           

March 2018

February 2018

Supplementary Challan—Quashing—Investigating Agency cannot be allowed to add and/or delete offences during progress of trial by way of filing supplementary challan without permission of court and convert a magisterial trial into sessions trial or vice versa.

By | February 19th, 2018|Quashing|

Comments Off on Supplementary Challan—Quashing—Investigating Agency cannot be allowed to add and/or delete offences during progress of trial by way of filing supplementary challan without permission of court and convert a magisterial trial into sessions trial or vice versa.

Quashing—Withdrawing of consent for quashing given in compromise—Once the agreed amount is received towards settlement of dispute; Complainant cannot wriggle out of the same—In such cases quashing can be directed in absence of consent of complainant before court.

By | February 11th, 2018|Quashing|

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January 2018

October 2017

August 2017

July 2017

Criminal Procedure Code, 1973, S.482 & S.228–Abetment of Suicide- Murder- Discharge of accused-Quashing-Complaint was made by father of deceased-­ Allegation that harassment was by husband and his family—Post mortem report shows that no injury was found on deceased body-As per doctor death occurred due to starvation and tuberculosis was a result of starvation—Death occurred when deceased was in her matrimonial home and was a case of natural death- Order upheld-Indian Penal Code, 1860, S.306 & S.302.

By | July 6th, 2017|Murder, Quashing|

Comments Off on Criminal Procedure Code, 1973, S.482 & S.228–Abetment of Suicide- Murder- Discharge of accused-Quashing-Complaint was made by father of deceased-­ Allegation that harassment was by husband and his family—Post mortem report shows that no injury was found on deceased body-As per doctor death occurred due to starvation and tuberculosis was a result of starvation—Death occurred when deceased was in her matrimonial home and was a case of natural death- Order upheld-Indian Penal Code, 1860, S.306 & S.302.

June 2017

Criminal Procedure Code, 1973, S.482-Kidnapping-Rape-Proclaimed Offender-Quashing-Held; Petition disposed of with directions that if petitioner surrenders within stipulated period, then he would be released on interim bail

By | June 26th, 2017|Quashing, Rape|

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Criminal Procedure Code, 1973, S.320 & S.482-Outraging the modesty of woman- -Criminal intimidation-Quashing of FIR–Parties have settled their dispute byway of written compromise

By | June 16th, 2017|Quashing|

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Criminal Procedure Code, 1973, S.482 & S.320-Quashing of FIR-Outraging modesty of woman-During pendency of proceedings compromise arrived between parties with their free will and without any pressure-

By | June 15th, 2017|Quashing|

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Indian Penal Code, 1860, S.406 & S.498-A-Harassment–Cruelty to wife-Quashing of FIR–Dispute between the parties was matrimonial in nature and same has been settled by way of compromise

By | June 15th, 2017|Quashing|

Comments Off on Indian Penal Code, 1860, S.406 & S.498-A-Harassment–Cruelty to wife-Quashing of FIR–Dispute between the parties was matrimonial in nature and same has been settled by way of compromise

May 2017

Rape—Quashing of Summoning Order—Despite categoric statement of prosecutrix u/s 164 CrPC summoning order quashed on basis of material collected during investigation.

By | May 17th, 2017|Quashing|

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Indian Penal Code, 1860, S.307–Attempt to Murder-Gun Shots-Quashing- Compromise between parties-Three shots were fired but no injury was caused to anyone—Dispute was between the students—Investigation has yet not completed-At initial stage itself, a compromise has been effected-Fit case for quashing in view of settlement

By | May 16th, 2017|Quashing|

Comments Off on Indian Penal Code, 1860, S.307–Attempt to Murder-Gun Shots-Quashing- Compromise between parties-Three shots were fired but no injury was caused to anyone—Dispute was between the students—Investigation has yet not completed-At initial stage itself, a compromise has been effected-Fit case for quashing in view of settlement

April 2017