498-A IPC—Quashing under S. 482 CrPC—FIR lodged a month after foreign divorce and despite prior Austrian custody-return directions—allegations do not disclose ingredients of ‘cruelty’—Bhajan Lal parameter 7 attracted—FIR and HC order quashed.
Quashing of FIR – Section 482 CrPC – Prima facie standard and non-mechanical approach – Though...
Criminal Proceedings Against Doctors – Summoning Order for Medical Negligence Quashed – Magistrate failed to conduct mandatory enquiry or obtain expert opinion before issuing process under Section 304A IPC [Paras 15, 21–23, 29–30].
Medical Negligence – Section 304A IPC – Preliminary Enquiry Mandatory – Summoning Order Set Aside – Magistrate issued...
Criminal Law – Quashing Of Summoning Order - Cognizance on Protest Petition – Sections 190, 202 CrPC – FIR alleged kidnapping and murder by petitioner for property grab – Police investigation (U.D. Case No.1/2013, GR Case 165/2014) concluded death was natural, filing Final Report as “mistake of fact” – Complainant filed protest petition implicating p...
Criminal Law – Quashing of FIR – FIR for Cheating and Criminal Conspiracy – Civil Dispute Given Criminal Colour – FIR Quashed – FIR was filed nearly five years after a failed commercial transaction involving alleged defective machinery supplied under a sale agreement – Supreme Court found that allegations, even if taken at face value, did not disclose any fraudu...
Quashing Of Criminal Proceedings - Section 528 BNSS - Disproportionate Assets – Prevention of Corruption Act – Exoneration in Departmental Inquiry – Quashment Refused – Applicant, Assistant Manager, Greater NOIDA, accused of expenditure 137.80% above known income – Claimed departmental exoneration and quashing of censure – Held: Departmental findings based on pr...
Motor Accident – Criminal Liability of Vehicle Owner – Registered Owner Held Liable – Petition for Quashing Rejected – The petitioner, arraigned as Accused No.2, sought quashing of proceedings on the ground that he had sold the scooter involved in the accident – Held: Despite the claim of sale, the Registration Certificate continued in the name of the petitioner &ndas...
Criminal Law – Cheating – Section 420 IPC – Quashment of Proceedings – Educational institution accused of using a forged Fire NOC to secure recognition – National Building Code and writ directions established no Fire NOC was required for buildings below 15 metres – Held: Essential ingredient of dishonest or fraudulent inducement absent since recognition/renewal ...
Criminal Law - Discharge Application – Criminal Complaint over Co-owned Property – Section 239 CrPC – Rejection Set Aside - Petitioners, co-sharers of a pond, were accused of criminal intimidation and theft of fish – Trial Court rejected the discharge plea – Held: Allegations lacked criminal intent and involved a civil dispute over property rights – No prima fac...
Criminal Law - Maintainability of Second Petition – Abuse of Process – Section 482 CrPC – Petition Dismissed - The petitioner, having earlier challenged his arrest and failed, filed a second petition under Section 482 CrPC seeking quashing of the entire proceedings on similar grounds – Held: Filing successive petitions under Section 482 on same or similar grounds without ch...
Criminal Law - Quashing of Proceedings – Section 482 CrPC – Scope – Power is exceptional and to be exercised sparingly – High Court erred in quashing charge-sheet by assessing sufficiency of evidence as if conducting a trial – At stage of cognizance/framing of charge, court not to weigh evidence but only see whether allegations prima facie disclose commission of offen...