Criminal Law - Quashing of Criminal Proceedings – Sections 498A, 406, 323, 34 IPC – Divorce Proceedings Pending – Allegations Found Baseless – Criminal proceeding initiated by wife alleged to be retaliatory to the matrimonial suit filed by husband – FIR contains vague and evasive allegations without specific details regarding acts of cruelty or physical harm – N...
Criminal Law – Quashing - Abetment of Suicide – Prima Facie Offence – Section 306 IPC – Quashing Rejected – The petitioner and deceased were in a three-year live-in relationship involving financial transactions – Allegations include blackmail using intimate photographs and coercion for money amounting to ₹51 lakhs – Deceased died by suicide after a fight...
Quashing of Charges – Discharge of Private Vendor – Sections 120-B, 420, 471 IPC and Section 13(2) r/w 13(1)(d) of PC Act – Discharge Allowed – Applicants sought quashing of orders rejecting discharge and framing charges alleging criminal conspiracy and wrongful gain in award of HMIS project under NRHM – Court held that applicants, being private vendors, completed the...
Criminal Law – Quashing of FIR - Public Servant – Engagement in Private Consultancy – No Legal Prohibition – Prosecution Quashed – The petitioner, employed with a government enterprise, was charged under Section 168 IPC for allegedly working as a private consultant for PF & ESI matters – The Court held that Standing Orders applicable to the petitioner do not...
Criminal Law – Quashing of FIR - Medical Negligence – Criminal Liability – Applicability of Bolam Test – FIR Quashed – The petitioners, associated with Vasundhara Hospital, faced criminal proceedings under Section 105 BNS arising from allegations of medical negligence following the death of a patient post fibroid surgery – The State and District Medical Ex...
Criminal Law – Quashing 0f FIR - Peaceful Protest – Democratic Dissent – FIR Quashed – Petitioners participated in a non-violent protest against the administrative shift of water distribution meeting venue concerning Jawai Bandh – Held: There was no evidence of violence, incitement, damage to property, or threat to public order – The protest was a legitimate exe...
Criminal Law - Quashing of Criminal Proceedings – Matrimonial Dispute – Settlement Recognized – FIR Quashed - Petition filed for quashing of FIR No. 323/2022 under Sections 323/354/34 IPC on the basis of amicable settlement between husband and wife – Allegations included physical assault, molestation, and threats – The parties executed a settlement deed dated 24.04.20...
Criminal Law – Quashing of ECIR – Section 3 and 4 of the PMLA – Petition Dismissed – The petitioner, a well-known actor, filed a petition seeking quashing of ECIR dated 08/08/2021 and second supplementary complaint dated 17/08/2022 under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002, alleging that she was not named in the predicate offence FIR, had been m...
Criminal Law – Quashing of FIR - Gangsters Act – Procedural Non-compliance – FIR Quashed – Sections 2(b)(i), 3 of the Gangsters Act – Petitioners sought quashing of FIR based on gang chart prepared without recording proper satisfaction by competent authorities – Held: The District Magistrate failed to conduct a valid joint meeting and merely approved the proposa...
Criminal Law -- Quashing – Section 168 IPC – Public Servant Engaging in Trade – Final Report Quashed – The petitioner, a public servant employed with Andrew Yule & Company Ltd., was charged under Section 168 IPC for allegedly working as a private PF & ESI consultant to various companies including Adyar Ananda Bhavan – Held: The petitioner was governed by certi...