Quashing of Proceedings – Power of High Court under Section 482 CrPC – Despite being non-compoundable, criminal proceedings under Sections 306 and 498A IPC can be quashed if evidence is insufficient, and the nature of the allegations is private and matrimonial. Amicable settlement for the welfare of the victim’s children weighed heavily in favor of quashing – Held: Proceedi...
Criminal Law – Abetment of Suicide and Cruelty – Quashing of Complaint – Lack of Specific Instigating Act – Application under Section 482 of CrPC – Petition by Accused No. 4 to quash the complaint in S.C. No. 539/2021, involving charges under Sections 498(A), 306 read with 34 IPC, alleging that petitioner, along with her family, subjected the victim to cruelty which u...
SC/ST Act – Prima Facie Case – Sections 3(1)(x)(xi) – Charges Dropped – Allegations under the SC/ST Act regarding caste-based abuse and intimidation not substantiated – Trial court rightly found that the complaints were contradictory and did not establish public view or deliberate caste-based insult – Charges dropped under the SC/ST Act due to lack of prima faci...
Criminal Law – Quashing of Complaint – Civil Dispute Labeled as Criminal – Abuse of Process of Law – Complaint under Sections 417 and 418 IPC alleged the manufacture of sub-standard medicines by petitioners, causing loss to respondent company – Held: Dispute emanated from a trademark license agreement and was purely civil in nature – No fraudulent or dishonest i...
Matrimonial Disputes – Power to Quash FIR – Sections 498-A and 506 IPC – Non-Compoundable Offences – Amicable Settlement – FIR Quashed – In matrimonial disputes and cases relating to family matters, where the dispute is personal or private in nature, and the parties have resolved their issues amicably, the High Court has the inherent power to quash criminal proc...
Criminal Law – Quashing of Proceedings – Non-compliance with Settlement Terms – Petition Dismissed – The petitioner sought quashing of criminal proceedings based on a settlement agreement in divorce proceedings where the respondent refused to proceed with the second motion under Section 13B(2) of the HMA – Held: Withdrawal of consent for mutual divorce is a statutory ...
Criminal Procedure – Quashing of FIR – Petition for quashing FIR on grounds of false implication and counterblast to another FIR lodged by the petitioners – Petitioners claimed they were falsely implicated to counter FIR No. 60 lodged by them – Held, allegations in FIR prima facie constituted offenses under IPC – High Court emphasized that the exercise of jurisdiction...
Criminal Law – Bail Application – Prima Facie Evidence and Presumption of Innocence – Petitioners sought bail in a case involving allegations of rape and gang rape added post FIR registration. The High Court granted bail considering the inconsistencies between the initial complaint and subsequent statements under Section 164 Cr.P.C., and the lack of prima facie evidence to suppor...
Criminal Law – Quashing of FIR – High Court exercises its inherent powers under Section 482 Cr.P.C. to quash FIR No. 42/2015 – Dispute between parties found to be civil in nature – Petitioner alleged to have illegally occupied property despite expired license agreement – Court held no ingredients of cheating or criminal breach of trust established – Criminal pro...
Service Law – Appointment in Police Force – Acquittal in Criminal Case – Eligibility for Appointment – The petitioner challenged the rejection of his appointment to the Delhi Police due to past involvement in a criminal case from which he was acquitted – He was provisionally selected for the post of Sub-Inspector but his candidature was cancelled by the Screening Comm...
