Criminal Procedure Code – Quashing of Proceedings – Section 482 CrPC – The Supreme Court evaluated the High Court's exercise of power under Section 482 of the Criminal Procedure Code, 1973, in quashing criminal proceedings based on a settlement agreement. The case involved the quashing of FIR and subsequent proceedings in a case of serious offences including abduction and ass...
Quashing of Conviction and Sentences – Criminal Appeal against High Court's reversal of acquittal – Appellants convicted under Sections 302, 201 and 34 IPC for murder of Mahesh Sahu – Supreme Court finds High Court erred in reversing well-reasoned acquittal based on conjectures and surmises – Held, the trial judge's findings were on correct appreciation of evidence,...
Quashing of FIR – Abuse of Process of Law – The Supreme Court set aside the judgment of the Allahabad High Court and quashed the FIR registered against the appellant for offences under Sections 376 and 506 of the IPC. The apex court found that the allegations made in the FIR were baseless and constituted an abuse of the process of law, as the relationship between the appellant and the ...
Criminal Appeal – Quashing of FIR – Alleged theft, house trespass, and criminal intimidation – FIR registered under sections 457, 380, and 506 of the IPC – High Court quashed the FIR – Appeal allowed, High Court judgment set aside, and the matter ordered to proceed in accordance with the law. [Para 16-17] Partnership Dispute – Dispute between family members r...
Abetment of Suicide – Section 306 IPC – Mens Rea and Instigation – The Supreme Court held that a teacher reprimanding a student for indiscipline, which is part of the teacher’s duty, does not constitute abetment of suicide unless there is clear mens rea to instigate the suicide. In this case, the appellant acted within his duties without any intention to provoke the student...
Criminal Appeal - Quashing of Criminal Complaints - Allegations of dishonored cheques and liability under various sections of NI Act and IPC - Respondent claimed retirement from partnership firm and sought quashing of proceedings - High Court quashed summoning order and complaints - Appeal against High Court's order - Whether the order quashing summoning order and complaints against respondent...
Banking Law – Disciplinary Proceedings – Misconduct by Bank Manager – Respondent sanctioned advances in violation of Head Office instructions causing financial loss to the bank – Disciplinary action taken under Clause 22(ix)(a) of the Bank of Cochin Service Code – Respondent dismissed from service after inquiry – High Court quashed disciplinary proceedings citin...
Charge Sheet Quashing – Allegations of Marital Cruelty and Dowry Demands – Appeal by Mahalakshmi & Ors. Against the charge sheet for offenses under IPC Sections 498A, 506 and Dowry Prohibition Act Sections 3, 4 – Allegations deemed vague and general without specific evidence against appellants. Residency and Absence of Specific Allegations – Appellant No. 1, Mahalak...
Criminal Law – Quashing of Non-Compoundable Offences – Sections 320 and 482 CrPC – Offences which are 'non-compoundable' cannot be compounded by a criminal court in purported exercise of its powers under Section 320 CrPC – The High Court, however, can invoke its inherent powers under Section 482 CrPC to quash such proceedings if it is to prevent abuse of the process...
Encroachment – Land Measurement Dispute – Plaintiff alleged defendants encroached land purchased in 1995 – Trial Court dismissed suit, noting defendants possessed land since 1969 and plaintiff acknowledged encroachment in sale deed – Appellate Court upheld dismissal – High Court ordered surveyor measurement, findings indicated defendants encroached 38 R (40888 sq. ft....
