Criminal Law - Quashing of Proceedings – Section 482 CrPC – Scope – Power is exceptional and to be exercised sparingly – High Court erred in quashing charge-sheet by assessing sufficiency of evidence as if conducting a trial – At stage of cognizance/framing of charge, court not to weigh evidence but only see whether allegations prima facie disclose commission of offen...
Criminal Law – Quashing - Income Tax – Section 276C(1) of the IT Act – Complaint quashed – Settlement Commission granted immunity from penalty but not prosecution due to pendency of criminal proceedings – Held: In absence of wilful concealment and considering that the Settlement Commission accepted disclosure without suppression, prosecution cannot be sustained &ndash...
Quashing - Criminal Complaint – Section 18(a)(i), 17B, and 27(d) of the Drugs and Cosmetics Act - Conflicting Drug Test Reports – Section 482 Cr.P.C. – Complaint Quashed – The Petitioners, including a pharmaceutical company and its directors, challenged the continuation of prosecution on the basis of a Government Analyst's report (CIPL, Ghaziabad) declaring their ...
Matrimonial Dispute – Quashing of Criminal Proceedings – Sections 323, 406, 498-A, 506 IPC – Section 482 CrPC – Appeal Allowed – Appellants (husband and in-laws) sought quashing of FIR No.67/2019 alleging cruelty, assault, breach of trust, and intimidation – Parties divorced by mutual consent on 19.01.2024; all claims settled; complainant stated no objection to ...
Criminal Law - Dowry Demand – Quashing of FIR – Sections 3 & 4 Dowry Prohibition Act – High Court’s Finding of “Vague and Omnibus” Allegations Set Aside – The appellants lodged FIR alleging specific dowry demands by the in-laws of the prospective bridegroom, including Rs. 10 lakh, a vehicle, and cash with articles on tilak ceremony—Marriage negot...
Criminal Law - Quashing of Proceedings – Section 498A IPC – Petition Dismissed – Petitioner sought quashing of GR Case No. 1569 of 2023 arising from complaint by wife alleging physical and mental cruelty—FIR contained no dowry demand but alleged assault and neglect—Court held that FIR is not required to detail every incident; absence of wife’s presence in procee...
Criminal Law – Quashing of FIR – Sections 143, 149, 188, 268 IPC – FIR Quashed - The FIR filed against a sitting MLA accused of participating in a protest without permission was found to be vague and lacking necessary ingredients of the alleged offences – The protest, even if held without police permission, did not constitute an offence under Section 141 IPC – No alle...
Criminal Law - Quashing of Criminal Proceedings – Civil Dispute Dressed as Criminal Offence – Sections 406, 420, 467, 468, 469, 120B IPC – Quashing Allowed – The petitioners challenged the criminal proceedings initiated under multiple penal provisions arising out of allegations of cheating and forgery in respect of a loan transaction secured by pledge of shares – The ...
Criminal Law - Quashing of FIR – Abetment of Suicide – Scope of Section 306 IPC – FIR Quashed – Petitioners challenged the registration of FIR under Section 306 read with 34 IPC based on an alleged verbal altercation with the deceased Savitri Devi – Court noted that even taking the prosecution’s case at face value, there was no proximate or direct instigation or...
Criminal Law – Quashing – Section 419, 420, 467,468,471 of the IPC - Criminal Complaint – Allegation of Forged Will – Quashing Justified – Civil Dispute Given Criminal Colour – Appellants, daughters-in-law of the deceased, inherited estate via a will dated 23.12.1993 – Sale deed was executed by one son after the testator’s death – Complainant f...