December 2019

Quashing—Criminal proceeding initiated by the original complainant to settle the civil dispute is an abuse of process of law and is liable to be quashed

By | December 1st, 2019|Quashing|

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November 2019

Medical Termination of Pregnancy Act, 1971, S.3–Termination of Pregnancy~ Quashing-Mere recovery of instruments used for termination of pregnancy from a Hospital which is not approved for conducting such procedure cannot be ground for making out an offence under Act of 1971-FIR and consequent proceedings quashed

By | November 18th, 2019|Quashing|

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Death by Negligence—Compromise between parties—Continuation of criminal proceedings between the parties would be an abuse of the process of law—Proceedings quashed        

By | November 15th, 2019|Quashing|

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October 2019

Indian Penal Code, 1860, S.366–Kidnapping–Quashing–Non Compoundable Offence—Compromise between parties with an intent to give burial to their differences—Continuation of proceedings would be abuse of process of law—Complaint quashed

By | October 31st, 2019|Quashing|

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Indian Penal Code, 1860, S.279–Rash and Negligent Driving—Quashing- Compromise between the parties—FIR and all consequent proceedings quashed-

By | October 11th, 2019|Quashing|

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September 2019

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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