Criminal Law - Quashing of FIR - Settlement Between Parties - FIR under Section 174-A IPC quashed after settlement in complaint under Section 138 of the Negotiable Instruments Act - Continuation of prosecution not justified - FIR and all consequential proceedings quashed subject to cost payment. [Para 10]
Section 138 NI Act - Withdrawal of Complaint - Impact on FIR under Section 174-A...
Criminal Law – Quashing of Proceedings – Section 482 CrPC – High Court dismissed the appellant's application to quash criminal proceedings related to an offense under Section 376 IPC – Supreme Court allowed the appeal, holding that the allegations did not prima facie constitute the offense of rape – Consensual relationship between the parties negated the essential...
Quashing of FIR – Section 482 CrPC – Appeal against High Court's dismissal of petition to quash FIR – FIR registered based on private complaint alleging offenses under IPC including cheating and breach of trust – Supreme Court finds no ingredients of alleged offenses made out in the complaint – FIR and charge-sheet quashed [Paras 1-19].
Commercial Dis...
Criminal Law - Quashing of FIR under Section 174-A IPC – Petition under Section 482 CrPC – FIR registered after petitioner declared proclaimed person in a Section 138 NI Act case – Petitioner settled the matter with complainant, who withdrew the complaint – Once proceedings under Section 138 NI Act withdrawn, FIR under Section 174-A IPC becomes unsustainable – Petitio...
Criminal Law - Quashing of Complaint – Director and Manager Involvement – Petition under Section 482 CrPC seeking quashing of complaint under Insecticides Act – Petitioners prosecuted as Director and Manager-cum-Godown Incharge of accused company – No specific averments in complaint showing their role in company’s business or quality control – Responsible Office...
Vicarious Liability – Requirements under Section 141 of NI Act – The Supreme Court held that merely stating that directors are in charge of and responsible for the conduct of the business of the company does not fulfill the requirements of Section 141 of the NI Act. Specific averments detailing their role and responsibility are necessary [Paras 1-88].
Personal Appearance &...
Penal Code 1860 (IPC) - Section 306 - Abetment of suicide - An FIR under Section 306 of IPC cannot be quashed on the basis of any financial settlement with the informant, surviving spouse, parents, children, guardians, caregivers, or anyone else - Heinous or serious crimes with a serious impact on society cannot be compromised - High Court's quashing of FIR based on settlement between accused ...
Criminal Procedure – Non-Bailable Warrants – Proclamation of Offender – Petition to quash warrants and proclamation – Criminal Appeal against order declaring petitioner as proclaimed offender – Held, Petitioner, despite being aware of the proceedings and warrants, failed to appear before the trial court – Justification provided for issuance of non-bailable warra...
Criminal Law – Cognizability of Offence under Copyright Act – High Court held offence under Section 63 of the Copyright Act as non-cognizable, thus quashing criminal proceedings. Supreme Court overturns this, asserting the offence is cognizable and non-bailable. The punishment extends up to three years; thus, it falls under cognizable offences per Part II of the First Schedule of Cr.P....
Criminal Law – Quashing of FIR – Compromise in Financial Offences – Petitioners seek quashing of FIR based on compromise for offences under IPC and allegations of GST evasion. Held, offences under special statutes or involving financial and economic well-being of the State cannot be quashed on the basis of a compromise. Investigation may reveal offences under the GST Act, making ...