Criminal Procedure – Quashing of FIR – FIR No.264/2017 under Sections 326-B/506 IPC challenged – Allegations of acid attack by petitioner on respondent no.2 – Inherent improbability of allegations and lack of injury evidence led to questioning the authenticity of the FIR – Mala fide initiation of proceedings due to property dispute evident – FIR quashed. [Para 1...
Quashing of Criminal Proceedings – Additional Directors under Negotiable Instruments Act – Application for quashing FIR and process against additional directors in a cheque dishonor case – Application allowed, process quashed. [Para 1, 16]
Negotiable Instruments Act, Sections 138 and 141 – Interpretation and Applicability – Clarification on applicability of Section...
Legal Procedure – Challenge of Magistrate’s Order – Applicants, advocates by profession, seek quashing of a Magistrate’s order for preliminary inquiry – Application made under Section 482 Cr.P.C. – High Court finds no illegality in Magistrate’s direction, application dismissed. [Para 2, 16-17]
FIR Registration – Mandate of FIR registration in case...
Quashing of FIR – Compromise Between Parties: Application for quashing FIR. Settlement between original complainant, relatives of the deceased, and accused, leading to withdrawal of allegations. [Para 1, 3]
Jurisprudence on Quashing Proceedings: Reference to judicial precedents for quashing proceedings in private disputes after settlement, even in cases of non-compoundable offences. [Para...
Appeal Maintainability – The appeal, filed under Section 5 of the Kerala High Court Act, 1958, challenges the judgment of a learned single Judge who refused to quash proceedings in C.C. No.290/2022 on jurisdictional grounds, argued through a writ petition under Article 226 of the Constitution of India read with Section 482 of the CrPC. The Bench examined the maintainability of the appeal bas...
Criminal Proceedings – Quashing of proceedings and order taking cognizance – Petitioners seeking to quash the criminal proceedings including the cognizance order dated 14.06.2013 in connection with a complaint case alleging torture – Petitioners are the complainant's relatives residing in a different city from the alleged place of occurrence – Evidence suggesting allega...
Criminal Appeal – Quashing of FIR – High Court's rejection of petition under Section 482 of CrPC without considering the merits – Strange approach by the High Court – Order set aside, and the case remanded to the High Court for consideration on merits.
Interim Relief – Extension of interim relief granted by the Supreme Court – Appellant allowed to apply ...
Quashing of FIR – Freedom of Speech and Religion – Petitioner sought to quash FIR for alleged offence under Section 295A IPC involving religious figures – FIR based on petitioner’s discourse about Sant Kabir Das and Guru Ravidas – Examination of discourse and historical texts reveals no malice or intent to insult religious beliefs – FIR and consequential proceed...
Quashing Petition – The applicant filed M.Cr.C. under Section 482 of the CrPC for quashing prosecution complaint pending before Special Court constituted under PML Act – Court dismisses application. [Para 1, 8]
Factual Background – Applicant involved in transactions with individual accused of financial fraud – Financial fraud primarily connected to sale and pur...
Quashing of Proceedings - Offences under Sections 406 and 420 IPC - Allegation of collecting money on a false job visa promise - Settlement between the petitioner and the victim - Victim's withdrawal of the composition application - Court's discretion to permit or deny composition - Analysis of Section 320 of the Cr.P.C. - Distinction between compoundable offenses with and without court pe...