Quashing - Family Dispute and Criminal Proceedings – The petitioner, a professional doctor, faces charges under Section 498A IPC, based on allegations by his wife of mental torture and threats – Court observes the allegations are general and do not specifically contribute to the ingredients of cruelty as defined under the law – Proceedings perceived as part of a longer matrimonia...
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 of Proceedings – Section 482 Cr.P.C. – Petition for quashing complaint under Section 138 of the Negotiable Instruments Act 1881 – Complaint and subsequent summoning order challenged – Petitioner not a signatory to the disputed cheque, issued from a joint account with her husband. [Para 1, 2, 4]
Principal of Liability – Cheque Dishonour – Li...
Petition under Section 482 CrPC – Seeking action based on representation dated 10.03.2022 (Annexure P3) and enquiry report dated 12.08.2022 (Annexure P4) against the accused for posting vulgar and threatening comments on petitioner's family photographs on Facebook – Allegation of police inaction due to political influence. [Para 1]
FIR No. 154 of 2021 – Backgroun...
Quashing of FIR and Charge-Sheet – Criminal Revisional application against charges of unauthorized construction under Section 401A of the Kolkata Municipal Corporation Act, 1980 – Petitioners, serving as professional directors not involved in day-to-day operations or construction activities of the company, challenged their wrongful implication in the case due to their positions –...
Criminal Procedure – Quashing of Proceedings – Alleged involvement in stolen vehicle case – Petitioner named Avishek Singhal implicated on basis of co-accused’s statement in Mirik Police Station Case No. 58/09 dated 08.08.2009 under Sections 411, 413, 414, 468, 471 IPC – High Court finds no substantive evidence corroborating the co-accused’s statement or connect...
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...
Quashing of Complaint - Negotiable Instruments Act - Proceedings under Section 138 of the Act - Petitioners challenging proceedings instituted against them - Accused persons include Directors and office bearers of a company - Cheque issued for credit facility - Chairman of the Company issued the cheque, which was signed by him - Chairman passed away after issuance of the cheque - Accused No. 2 suc...
Criminal Petition – Quashing of proceedings – Accused seeks quashing of order rejecting discharge application – Accused No. 8, Dr. Neha Bansal, a doctor, was implicated in a case involving the alleged leakage of question papers in a postgraduate entrance test – The government constituted an inquiry committee, which found malpractice and referred the matter to the CBI &ndash...
Advocate’s Role – Quashing of FIR – Petitioner, a practicing Advocate, questioned revenue officials during an encroachment removal operation – Charged under Sections 341 and 353 of IPC – Petitioner’s demeanor considered in light of his profession – Advocate’s actions aimed at safeguarding client’s rights, not obstructing officials – Conti...