February 2019

Abetment to Suicide—Quashing of Charge—Prosecution failed to produce prima facie evidence against present petitioner that they abetted the deceased in a manner to instigate him in committing suicide—Charges quashed Quashing of Charge—Court is concerned primarily with the allegation taken as a whole whether they will constitute an offence or it is an abuse of the process of court leading to injustice

By | February 14th, 2019|Abetment to suicide, Quashing|

Comments Off on Abetment to Suicide—Quashing of Charge—Prosecution failed to produce prima facie evidence against present petitioner that they abetted the deceased in a manner to instigate him in committing suicide—Charges quashed Quashing of Charge—Court is concerned primarily with the allegation taken as a whole whether they will constitute an offence or it is an abuse of the process of court leading to injustice

Since the FIR and other consequential proceedings arising therefrom has already been quashed qua to main accused, continuation of the proceedings against the petitioner would be abuse of process of law— FIR and subsequent proceeding quashed

By | February 13th, 2019|Quashing|

Comments Off on Since the FIR and other consequential proceedings arising therefrom has already been quashed qua to main accused, continuation of the proceedings against the petitioner would be abuse of process of law— FIR and subsequent proceeding quashed

Complainant (mother of victim) contended that her daughter has been enticed away and marriage had been solemnized with a minor girl—While giving protection to run away couple, High Court had clarified that there is no prohibition in initiating the complaint under Child Marriage Act—However, marriage has not been challenged either by complainant or her daughter and couple has been residing happily together—Continuation of criminal proceedings will jeopardize their married life—FIR quashed

By | February 13th, 2019|Quashing|

Comments Off on Complainant (mother of victim) contended that her daughter has been enticed away and marriage had been solemnized with a minor girl—While giving protection to run away couple, High Court had clarified that there is no prohibition in initiating the complaint under Child Marriage Act—However, marriage has not been challenged either by complainant or her daughter and couple has been residing happily together—Continuation of criminal proceedings will jeopardize their married life—FIR quashed

December 2018

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|

Comments Off on 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.

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|

Comments Off on 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

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|

Comments Off on 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

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|

Comments Off on 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-

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