Juvenile Justice Act – Section 23 – Allegation of Willful Neglect – Prosecution Quashed – The petitioners were accused of willfully neglecting their 3-year-old child by involving the child in a 59-day protest under the scorching sun, which led to the registration of an FIR under Section 23 of the Juvenile Justice Act, 2000 – The key issue was whether the parents' ...
Criminal Law – Quashing of FIR – Petitioner sought quashing of FIR lodged under Sections 341/323/427/506/34 of the IPC – The FIR was filed by the opposite party alleging mental and physical torture by the petitioners – Trial court had submitted charge sheet – On examination of case diary, it was found that a prima facie case was established against the petitioners &nd...
Criminal Law – Quashing of Proceedings – Offence under Section 370(A) IPC – The petitioner, accused as a customer in a brothel case, sought quashing of the proceedings against him under Sections 370(3) and 370(A) of the IPC and Sections 3 and 5 of the Immoral Traffic (Prevention) Act – The Court observed that for Section 370(A) to apply, the customer must have knowledge tha...
Criminal Procedure – Quashing of Complaint – Writ of Certiorari – Petition filed by the Petitioner, a practicing Advocate, seeking quashing of the order passed by the Metropolitan Magistrate, Kurla under Section 202 of Cr.P.C. – Magistrate directed Kurla Police to conduct an investigation and submit a report within four months – Petitioner contended that the order was...
Criminal Law – Quashing of Proceedings – High Court examined charges at pre-trial stage – Allegations of obtaining fake loans with the connivance of bank officials – High Court erred in quashing charges when allegations required proof in trial – Beneficiary status of respondents due to father's position as bank president prima facie indicates offenses under Sectio...
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...