Quashing of FIR – Offences under Sections 406, 420, 120-B, and 114 of IPC – Common judgment for multiple petitions – Pertains to M/s. Finquest Financial Solutions Private Limited and M/s. Manpasand Beverages Limited – Allegations of financial mismanagement, fraud, and loan disbursement – Detailed narration of the events leading to the filing of FIR – Quashing so...
Criminal Conspiracy - Quashing of charges against the applicant - Allegation of giving a false opinion in a criminal conspiracy - Charges under Sections 120B (Criminal Conspiracy), 420 (Cheating), 406 (Criminal Breach of Trust) of the Indian Penal Code (IPC) - Cognizance and summoning order challenged - Lack of Specific Conspiracy Details - Bald and Omnibus Nature of Allegation - No Mention of a C...
Quashing of Appointment of Lambardar - petitioner seeks a writ of certiorari to quash the order appointing respondent No. 4 as Lambardar, alleging erroneous acceptance of the revision petition and reversal of earlier orders - petitioner was initially appointed as Lambardar, but respondent No. 4 was appointed through revision - challenge to the order is based on grounds of suitability and cha...
Criminal Proceedings - Quashing of FIR under Section 306 IPC based on compromise - Legal position regarding quashing of criminal proceedings explained - The inherent power of the High Court under Section 482 Cr.P.C. can be exercised to quash criminal proceedings relating to non-compoundable offences, particularly those of a civil and personal nature, upon compromise, depending on the facts and cir...
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...
Criminal Procedure – Section 482 – Quashing of FIR – Petition filed under Section 482 of the CrPC for quashing of FIR registered under various sections of the IPC. The quashing was sought based on the compromise reached between the parties. [Para 1]
Court Directives – Parties were directed to appear before the trial Court to confirm the genuineness of the compr...
Medical Negligence – Criminal Proceedings – Allegation of death due to hair transplantation performed by the petitioner – Prosecution claims the petitioner’s untrained actions caused the death – Challenge to proceedings under Section 482 Cr.P.C. – Court examines whether death was a direct result of the treatment given – The complaint filed after a signific...
Legal Proceedings - Quashing of summoning order and proceedings in a complaint case - Allegations of bigamy against the applicants - Lack of evidence to establish a valid second marriage - Malicious prosecution - Prima facie case not made out. [Para 3-13]
Court's Duty - Protection of apparently innocent persons from frivolous prosecution - Quashing of proceedings to prevent grave miscarriag...
Quashing Proceedings – Section 482 CrPC: High Court's jurisdiction under Section 482 CrPC should not be exercised to quash proceedings merely due to a settlement between parties, especially in serious offences such as those under Section 306 and 305 IPC. Offences of this nature are against society and not just against individuals. [Para 15, 50]
Serious Offences – Class...
Quashing of FIR under Section 482 of the CrPC – Allegations under Section 8, 15 of the NDPS Act, 1985 – Petitioner accused of involvement in transportation of contraband poppy straw – No recovery of contraband from the petitioner – Absence of tangible evidence linking petitioner to the crime – Reliance on disclosure statement of co-accused under Section 27 of the Indi...