Criminal Law - Quashing of FIR and Charge-sheet - Petition under Section 482 CrPC - Criminal Appeal against the order of High Court refusing to quash FIR for abetment of suicide - FIR lodged for offenses under Sections 306, 506, and 34 IPC - Complainant filed no objection to the quashing of FIR - Allegations in suicide note and FIR vague and do not attract Section 306 IPC - Compromise reached betw...
Criminal Law - Quashing of Complaint and Summoning Order - Petition under Section 482 CrPC - Complaint against Independent Director of company for offenses under Sections 120-B, 406, and 420 IPC - Petitioner served as Independent Director from 04.07.2018 to 14.02.2020 - Alleged offenses occurred between 2006 and 2017, prior to petitioner's involvement with the company - No material evidence in...
Evidence Law - Secondary Evidence - Quashing of Order - Petition to quash order dismissing application for leading secondary evidence - Original documents produced in preliminary stage untraceable due to office shifting - Held, petitioner genuinely unable to produce original documents - Permitted to adduce secondary evidence as per exceptions under Sections 65 and 66 of the Indian Evidence Act - P...
Criminal Law – Abetment of Suicide – Quashing of FIR – Petitioners accused of abetting the suicide of the complainant's brother by refusing to repay money owed for construction work – FIR quashed – Court held that the mere non-payment of dues, without any positive act of instigation, does not constitute abetment under Section 306 IPC – Emphasized that there ...
Negotiable Instruments Act - Quashing of FIR - Complaint case under Section 138 NI Act - Petitioner declared proclaimed offender for non-appearance; FIR registered under Section 174-A IPC - Main dispute settled via compromise - Held, continuation of proceedings under Section 174-A IPC post-compromise is abuse of process of law - FIR and all subsequent proceedings quashed. [Para 13]
Ma...
Criminal Law - Abetment of Suicide - Quashing of FIR - Petition to quash FIR under Sections 306, 34 IPC based on compromise - Deceased committed suicide allegedly due to threats from petitioners - Held, no mens rea or direct instigation by petitioners as per facts - Four-day gap between threat and suicide indicates no direct causation - FIR and proceedings quashed. [Paras 18, 23, 30]
...
Criminal Procedure - Quashing of FIR - Offence under Section 188 IPC - Petition to quash FIR on grounds that police registered it without written complaint from public servant - Held, Section 195 CrPC requires written complaint from public servant to take cognizance of offences under Section 188 IPC - FIR registered by police without such complaint is void ab initio - FIR and subsequent proceeding...
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...
Quashing of FIR – Compromise – Section 482 Cr.P.C. – FIR registered under Sections 420, 467, 468, and 120-B IPC – Dispute amicably settled between parties – Complainant appeared through Power of Attorney – Held, inherent powers under Section 482 Cr.P.C. can be exercised to quash criminal proceedings if the offence is overwhelmingly and predominantly of a civil n...
Quashing of FIR and Conviction – Valid Compromise – Section 482 Cr.P.C. – Held, the High Court has the power to quash an FIR and set aside a conviction on the basis of a valid compromise between the parties – This is permissible even if the offences are non-compoundable and the trial has concluded – Compromise must be genuine, voluntary, and without coercion [Paras 16...