June 2019

May 2019

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|

Comments Off on 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

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|

Comments Off on 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

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.