Quashing of FIR and Conviction – Valid Compromise – Section 482 Cr.P.C. – Held, the High Court has the power to quash an FIR and set aside a conviction on the basis of a valid compromise between the parties – This is permissible even if the offences are non-compoundable and the trial has concluded – Compromise must be genuine, voluntary, and without coercion [Paras 16...
Confiscation of Hypothecated Vehicle – Section 63 NDPS Act – Proviso Interpretation – Held, under the proviso to Section 63(2) of the NDPS Act, no order of confiscation shall be made without giving the financier an opportunity of hearing – The Special Court's order confiscating the vehicle without hearing the petitioner is set aside – The case is remanded for fres...
Criminal Law – Quashing of Proceedings – FIR under Section 406 IPC and Section 6 of Dowry Prohibition Act, 1961 – Complainant filed an FIR against his daughter’s former in-laws alleging non-return of 'stridhan' – Supreme Court quashed the proceedings based on the absence of evidence to prove the entrustment of property and misappropriation by the accused &ndas...
Quashing of FIR – Compromise – Section 482 Cr.P.C. – FIR registered under Sections 420, 467, 468, and 120-B IPC – Dispute amicably settled between parties – Complainant appeared through Power of Attorney – Held, inherent powers under Section 482 Cr.P.C. can be exercised to quash criminal proceedings if the offence is overwhelmingly and predominantly of a civil n...
Criminal Law – Anticipatory Bail – Successive Applications – Petitioners filed fourth and third petitions under Section 438 read with Section 482 Cr.P.C. for anticipatory bail in FIR No. 348 dated 06.10.2014, registered under Sections 420, 465, 467, 468, 471, 120-B, and 201 IPC. High Court held that successive bail applications are not maintainable unless based on new substantial...
Constitutional Law – Age Relaxation – Petitioners sought age relaxation for applying against posts of Police Sub-Inspectors, arguing that the COVID-19 pandemic delayed recruitment processes, thus affecting their eligibility – High Court dismissed the petition, holding that there is no legal obligation on the State to fill vacancies immediately, and age relaxation depends on publi...
summoning orders issued by the ACJM, Hoshiarpur, contending that the undertakings given to the Election Commission of India and the Gurudwara Election Commission were contradictory – High Court upheld the summoning orders, emphasizing that the Magistrate is not a silent spectator during the preliminary evidence recording and that there was sufficient material on record to summon the accused ...
Cancellation of Bail – Non-disclosure of Pending Application – Mere non-disclosure of the factum of a pending bail application before the High Court while moving a bail application before the Sessions Court is not a ground for canceling bail – Reliance on Supreme Court judgment Mohan Singh v. UT, Chandigarh – Simultaneous bail applications permissible – Cancellation o...
Habeas Corpus – Minor Marriage – Release of Detenue – Detenue aged 17 and a half years asserted marriage with respondent and desire to live with him – No FIR registered against detenue or her husband – Marriage not void but voidable at detenue's option – Even without proof of marriage, partners entitled to live-in relationship – Prosecution not justifi...
Judicial Impropriety – Pendency of Petition – Section 156(3) Cr.P.C. – Application by Magistrate during pendency of petition under Section 482 Cr.P.C. before High Court – Held, absence of any such infirmity – Magistrate's power under Section 156(3) Cr.P.C. is a statutory power – Order by Magistrate not an act of judicial impropriety [Paras 1-30].
...