Criminal Law – Compromise after Conviction – Non-Compoundable Offences – Sections 324, 148, 149 IPC – Accused convicted and sentenced to rigorous imprisonment up to two years – During pendency of appeal parties entered into voluntary compromise – Trial Court verified compromise and reported it to be genuine and without coercion – Held: High Court can quash...
Criminal Law – Quashing of Proceedings – Cognizance Order – Appellant not named in FIR alleging fraudulent transfer of agricultural land allotted in 1997 – Cognizance/summoning order passed mechanically without specific role or prima facie material – Held: Cognizance order dated 20.03.2023 suffers from non-application of mind and is liable to be quashed [Paras 20, 22,...
Criminal Law – Quashing of FIR – Insecticides Act – FIR filed for stocking and intention to sell banned insecticide “Fhorate” – Charge-sheet included multiple offences under IPC, Insecticides Act, Rules, and Environmental Protection Act – Applicant contended that stock was not for sale and procedure under Sections 21 and 22 of Insecticides Act not followed...
Criminal Law – Quashing of FIR and Charge Sheet – Section 195 Cr.P.C. – Proceedings Without Court’s Concurrence Illegal – FIR registered by CBI against petitioner A.G. Ponmanickavel, a former IGP of Idol Wing and Court-appointed Special Officer, based on complaints by R2 (Kader Batcha), who himself was accused in prior idol theft cases – Allegations pertai...
Criminal Law – Quashing of Proceedings – Dowry Harassment – In-laws – Appellants (parents-in-law of complainant) sought quashing of proceedings initiated under Sections 498A, 323, 504 IPC and Sections 3 and 4 of the DP Act – FIR and charge sheet contained vague and omnibus allegations without specifying acts of cruelty or dowry demand by appellants – Supreme Cou...
Criminal Law – Rape on False Promise of Marriage – Conviction Quashed – Appellant convicted under Sections 376(2)(n) and 417 IPC for engaging in sexual relations on alleged false promise to marry – Parties later agreed to marry and solemnised their marriage on 22.07.2025 – Court observed consensual relationship was given a criminal colour due to misunderstanding and d...
Criminal Law - Quashing – Proclaimed Offender – Compliance with Section 82 CrPC Mandatory – Petitioner declared proclaimed offender under Section 82 CrPC despite offences being bailable and co-accused having been released on probation – Held: Trial Court failed to comply with the mandatory procedure under Section 82(1) CrPC including absence of 30-day notice, failure to rec...
Criminal Law – Quashing of FIR – Direction for Time-bound Investigation and Protection from Arrest – Legality and Justification of High Court's Order – High Court dismissed quashing petitions filed by three accused (Mohd. Arshad Khan, Sanjay Kapoor, Muhammad Zaid Khan) but simultaneously granted protection from arrest and directed investigation to be concluded within 90...
Criminal Law - Forgery – Wills – Civil Dispute Converted into Criminal Case – Criminal complaint filed alleging will dated 17.3.2015 is forged and used to claim property – Discharge sought on ground that genuineness of both wills (dated 17.3.2015 and 11.1.2017) already sub judice in civil suit filed in 2017 – FIR filed in 2019 as retaliatory measure – Held: Alle...
Criminal Law – Quashing of Complaint – Jurisdiction under Section 482 CrPC – High Court quashed complaint under Section 138 N.I. Act holding that the cheque was not issued for any debt or liability – Held: The High Court exceeded its jurisdiction by examining disputed facts at pre-trial stage and conducting a roving enquiry into the existence of debt/liability – Compl...