Criminal Procedure – Quashing of Criminal Proceedings – Petition under Section 482 CrPC seeking quashing of a complaint filed by the Drug Inspector against the directors of Tidal Laboratories Private Ltd. for manufacturing drugs of substandard quality – Held that for criminal proceedings to continue against directors, the company must also be arraigned as an accused – Prose...
Criminal Law – Cheating, Criminal Breach of Trust, and Criminal Conspiracy – Quashing of Proceedings – Allowed - The petitioners, accused in C.C.No.3094 of 2013, sought to quash the proceedings against them under Sections 406, 420, and 120-B read with Section 34 of the IPC – The prosecution was initiated based on a complaint alleging that the accused committed cheating, cri...
Criminal Law – Quashing of Proceedings – Petition to quash criminal proceedings against the petitioner who was accused of quid pro quo investments and receiving undue benefits from government projects – The High Court dismissed the petition, emphasizing the limited scope of Section 482 CrPC and the need for trial to determine the factual disputes and criminal liability [Paras 1-6...
Criminal Law – Quashing - Dowry Death – Section 304-B IPC – Whether the absence of a dead body (corpus delicti) nullifies the charges of dowry death – Held, the lack of recovery of a body does not invalidate the case, and sufficient circumstantial evidence, including the applicant's illicit relationship and the victim's harassment, supports a prima facie case ...
Dowry Harassment – Quashing of FIR – The petitioners sought quashing of the FIR on the ground that the allegations were vague and lacked specific details – The Court observed that the allegations made against the petitioners, who are the informant's parents-in-law, were general and did not meet the threshold for constituting cruelty under Section 498-A IPC – Held that v...
Criminal Procedure – Quashing of Summons under Prevention of Money Laundering Act (PMLA) – Appellants sought quashing of summons issued by Directorate of Enforcement (ED) under Section 50 PMLA – Supreme Court held that the provisions of PMLA, being a self-contained code, prevail over the Code of Criminal Procedure (CrPC) – Summons issued under Section 50 are valid, and appe...
Criminal Law – Quashing of Proceedings – Section 482 of Cr.P.C. – The petitioners sought quashing of criminal proceedings under Sections 386, 449, 326, 365, 506, 120B, and 34 of the IPC, contending that the allegations made in the complaint were fabricated and unsupported by material evidence. Upon review, the court found discrepancies between the allegations of assault and the m...
Quashing of Criminal Proceedings – Validity of Charges – Petitioners challenged the charge-sheet and criminal proceedings initiated under the Prohibition of Child Marriage Act and POCSO Act – Evidence presented indicated the victim was of legal age at the time of marriage – FIR alleged child marriage based on hearsay without verifying facts – Continuation of proceedin...
Criminal Law – Quashing of FIR – Heinous Offences – Petition to quash FIR for rape under Section 376(2)(n) IPC on the basis of compromise between the parties – Prosecutrix claimed allegations were made in a fit of anger – Court held that FIRs involving serious offences like rape cannot be quashed even if a compromise is reached – Petition dismissed. [Para 12-13]...
Criminal Procedure – Quashing of Proceedings – Section 174-A IPC – The applicants sought quashing of the proceedings under Section 174-A IPC, initiated on the basis of an FIR rather than a written complaint by the court, which issued the proclamation under Section 82 CrPC. The High Court, relying on the settled legal position, held that proceedings under Section 174-A IPC can onl...
