Quashing of Proceedings – Revision applications against continuation of criminal proceedings under Sections 418/420/406/120B IPC – Allegations of cheating, criminal breach of trust, and conspiracy in business contracts with M/s. Tata Metalliks – Complaint originated from contractual disputes over commission payments in government tender procurements – Held that disputes are...
Criminal Procedure – Quashing of FIR – Section 482 Cr.P.C. – Court considered a petition under Section 482 of the Cr.P.C. for quashing FIR No. 38 dated 01.07.2022 under Sections 420 & 120-B of IPC, alleging cheating and criminal conspiracy, linked to a breach of a marital agreement. The Court scrutinized the details of the agreement and the FIR to determine the nature of the ...
Criminal Law - Quashing of Charge Sheet - Revisional application under Sections 401 and 482 CrPC - Allegation of inducing cohabitation under false promise of marriage - Petitioner accused of deceiving married woman into sexual relations by promising marriage upon securing employment - Charge sheet filed for offenses under Sections 417 and 376 IPC - High Court reviewed submissions, evidence, and pr...
Quashing of NBW Sought by Petitioner – Alleged involvement in bribery to influence a CBI case – Petitioner's repeated absence and failure to comply with court directives – Non-Bailable Warrants (NBW) issued – Petitioner’s application under Section 482 Cr.P.C. seeking quashing of NBW and related proceedings [Paras 1, 9-14, 20-38].
Quashing of Non-Baila...
Criminal Procedure Code, 1973 (Cr.P.C.) – Section 482 – Quashing of Proceedings – Petition for quashing of criminal complaint under the SC/ST Act and IPC sections due to compromise between parties – Settlement reached out of court with no coercion or undue influence – Emphasis on the legal system’s goal to reconcile social conflicts and minimize adverse societal...
Quashment of FIR – Petitioner seeks quashment of FIR and consequential proceedings related to alleged harassment for dowry – Allegations include harassment for dowry and cruelty – FIR registered under Sections 498(A), 506, 34 of IPC and Section 4 of Dowry Prohibition Act.
Allegations against petitioner – Petitioner’s son married complainant as per Hindu rituals &nd...
Criminal Proceedings – Compromise and Quashing of FIR – Application for quashing of FIR based on compromise between accused and aggrieved persons – FIR related to various IPC sections including 388, 389, 411, 170, 171, 120-B – Petitioners seeking quashing of FIR and consequential proceedings post-compromise. [Para 1-3, 12-13]
Judicial Analysis – Examinati...
Limitation Period – Bar of Limitation Applicable to Criminal Complaints – Complaint filed for offences under the Insecticides Act, 1968, challenged for being barred by limitation under Section 468 Cr.P.C. – Accused argued that the complaint, filed after over 5 years from the date of the Public Analyst's report, exceeded the three-year limitation period for offences punishable...
Criminal Writ Petition – Quashment of interception orders under the Indian Telegraph Act 1885 – Violation of right to privacy – Compliance with Article 19 and 21 of the Indian Constitution – Lack of sufficient reasoning and procedural safeguards. (Para 1)
Provisions of Section 5(2) of the Indian Telegraph Act – Requirement for occurrences of public emergency or int...
Criminal Law - Quashing of FIR - Parameters: The Court reiterated the parameters for quashing an FIR, as established in State of Haryana v. Bhajan Lal, including scenarios where the allegations do not constitute an offense, the allegations are absurd, and the proceedings are manifestly attended with malice.
Facts - Allegations - Investigation: The appellant challenged an order of the High Court...