Permalink GalleryIndian 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
March 2019
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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
February 2019
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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
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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
December 2018
August 2018
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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.
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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.
March 2018
February 2018
January 2018
Permalink GalleryIndian 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
October 2017
Permalink GalleryEven if, the contention of the private respondents is taken to be correct, still 16 tolas of gold given at the time of marriage is Istri dhan of petitioner No. 2 and there is no question of breach of trust or cheating as a married woman is absolute owner of istri dhan property and can deal it with any manner
August 2017
July 2017
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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.
