Appeal allowed - FIR quashed against appellant - No specific allegations against appellant in FIR - Allegations vague - No particular role attributed to appellant - Delay in lodging FIR - Possibility of personal grudge or vengeance - Observations limited to this case - No impact on other pending proceedings.
Legal Principles - The Court may quash criminal proceedings if the FIR is vague, lacks ...
Facts - Police investigation in the present case recorded statements of Mr. Tanveer Khan and Mr. Nirmal Paul, witnesses mentioned by Respondent No.2 in her FIR. The witnesses did not support Respondent No.2's allegations.
- Respondent No.2 falsely claimed that the company, Max Life Insurance, did not take cognizance of her complaints, even though an inquiry was conducted into them.
- The...
Legal Procedure – Challenge of Magistrate’s Order – Applicants, advocates by profession, seek quashing of a Magistrate’s order for preliminary inquiry – Application made under Section 482 Cr.P.C. – High Court finds no illegality in Magistrate’s direction, application dismissed. [Para 2, 16-17]
FIR Registration – Mandate of FIR registration in case...
Criminal Petition – Quashing of Complaint – Petition under Section 482 Cr.P.C. for quashing complaint in C.C.No 225 of 2018 for offense under Sections 138 and 142 of the Negotiable Instruments Act, 1881 – Accused sought to quash complaint alleging fraudulent cheque and misuse of power of attorney. [Para 1, 5]
Cheque Fraud – Accusation of issuing a fraudulent, c...
Criminal Miscellaneous Cases - Quashing of Proceedings - Accused conductors of buses charged under Section 190(2) read with Section 196 of the Motor Vehicles Act, 1988 (MV Act) for wrongfully restraining students from boarding the buses - Alleged violation of standards related to road safety, noise control, and air pollution - Examination of whether conductors can be prosecuted under Section 190(2...
Criminal Law - Quashing of Order - Money Laundering - Petitioner accused of siphoning Rs. 190 crores - Enforcement Directorate registered case under PMLA - Petitioner seeks quashing of order dismissing application for exemption from personal appearance - Petitioner's counsel argues non-inclusion as accused in initial FIR - Enforcement Directorate later adds petitioner's name through supple...
Application for Quashing FIR and Proceedings – Involving Mega Grain Trading Pvt. Ltd. – FIR for offenses under Sections 406, 420, and 114 of IPC – Request to quash based on amicable settlement between parties. [Para 4, 5, 6, 11]
Amicable Settlement and Affidavit by Complainant – Parties reached a mutual settlement during the pendency of proceedings – Original compl...
Personal appearance – Exemption from – Parameters for granting exemption from personal appearance – Accused entitled to exemption when facing hardship or inconvenience due to trial delays – Factors to consider: being a woman, elderly, disabled, facing economic or physical hardship, or required to travel long distances – Each case to be assessed on its own facts and ci...
Quashing of FIR - Allegations under Section 306 IPC and Sections 6, 18, 8, 21 of the Protection of the Children from Sexual Offences Act, 2022 (POCSO Act) - Incident of suicide by a student due to alleged harassment, bullying, and torture by classmates at the school - Jurisdiction of the High Court to examine the petitioner's plea for quashing the FIR and consequential proceedings
POCSO Act...
Criminal Revision – Quashing of Proceedings – Narcotics Case – Petitioner seeks quashing of proceedings and orders – Allegations of involvement in storing and transporting contraband – Statements of co-accused implicating the petitioner – Initial discharge application rejected – Further investigation ordered – Prima facie case established against the...