July 2019

Rape—Quashing—Compromise—Both the prosecutrix and petitioner have married and now prosecutrix is on a family way—FIR quashed

By | July 21st, 2019|Quashing|

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Held; from the evidence collected by the Prosecuting Agency, even the trial Court has found material sufficient to proceed against the petitioners and framed charges-Therefore, at this stage, it would not be appropriate for this Court to interfere and to scuttle the prosecution in the case by discarding the evidence, which has been collected by the prosecution-Petition dismissed.

By | July 21st, 2019|Quashing|

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Cheating—Business Transaction—Complainant as well as petitioner firm were having business transactions since long and were have running account—Matter relates to some outstanding amount—Appropriate remedy is civil proceedings—FIR quashed

By | July 20th, 2019|Quashing|

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Snatching~Quashing-Repossession of Hypothecated vehicle-Financier after obtaining a legal interim order from the arbitrator, pursuant to terms and conditions of the loan agreement, took possession of the hypothecated car-No offence u/s 379-A, 365 IPC made out- -FIR quashed

By | July 8th, 2019|Quashing|

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Attempt to Murder—Compromise—Fire arm injury was on the calf—FIR u/ s 307 IPC quashed on basis of compromise between the parties

By | July 7th, 2019|Quashing|

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June 2019

May 2019

Criminal Procedure Code, 1973, S.468(2)-Limitation-Quashing-When the FIR is registered beyond the period of limitation, it is liable to be quashed being hopelessly time barred.

By | May 27th, 2019|Quashing|

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March 2019

Indian Penal Code, 1860, S.498-A–Cruelty to Wife–Quashing–Framing of Charges—The FIR can still be quashed even after the charges have been framed if it is found that the allegations in the FIR are absurd and inherently improbable and cannot be taken at the face value and accepted in its entirety

By | March 28th, 2019|Quashing|

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Cheating—Quashing—Locus Standi to file complaint-Fraudulently selling of property by the petitioners-Complainant is complete stranger to entire exercise adopted by petitioners-Complainant is not even effected with any of the transactions by the petitioners-Therefore, complainant has no locus standi to lodge impugned FIR Aggrieved  party of alleged illegal act has no objection to such an act—FIR quashed

By | March 14th, 2019|Quashing|

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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|

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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|

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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|

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December 2018

Cheating—Quashing—Merely on the allegation that wife had not completed her M.C.A qualification at the time of marriage as claimed and she has completed M.C.A after the marriage, it cannot be said that the appellants had cheated husband at the time of marriage

By | December 30th, 2018|Quashing|

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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|

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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|

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March 2018

Cruelty to wife—Merely mentioning that the misdemeanor of the husband was at the instance and instigation of his mother and sister, is not enough.

By | March 30th, 2018|Quashing|

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Quashing—Criminal proceedings including the order declaring a person as proclaimed offender can be quashed when there is a compromise between the parties.

By | March 18th, 2018|Quashing|

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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|

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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

Indian Penal Code, 1860, S.406–Quashing–Misappropriation of Dowry Articles- Petitioner are the sister in law and her husband—There is not even a whisper that the petitioners were entrusted with any dowry articies—Entrustment is sine-quo- non for the offence under Section 406 IPC-It cannot be believed that the petitioners who are admittedly residing separately were entrusted with the istrldhan- Complaint quashed

By | January 26th, 2018|Cheating, Quashing|

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