Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2...
Quashing of FIR – Delay in Lodging Complaint – Section 354, IPC – The petitioner sought to quash the FIR, citing a 127-day delay in lodging the complaint and the absence of evidence to support charges of sexual harassment and criminal intimidation – The complaint alleged that the petitioner, a teacher and Director of the Youth Welfare Board at CUSAT, had touched the complai...
Criminal Law – Quashing of Charges – Allegations of Criminal Conspiracy and Misappropriation of Coal Rejects – Supreme Court evaluated the genesis of the CBI investigation, highlighting that it was prompted by the CAG Audit Report, which lacked finality – The Court emphasized that the investigation into the case was unjustified, stemming from a civil dispute with no substan...
Trafficking and Exploitation – Section 370(A)(2) IPC – Applicability to Customers – Petition Dismissed - The petitioner, accused as a customer in a case of prostitution, sought to quash the proceedings against him, arguing that Section 370(A)(2) IPC should not apply to customers. The Court rejected this argument, holding that Section 370(A)(2) IPC clearly covers individuals who k...
FIR Quashing – Offences Under Sections 457 and 380 IPC – Compromise Accepted – The petitioner sought the quashing of an FIR registered for house-trespass and theft, contending that the matter had been amicably resolved through a compromise with the complainants – Held: The offences in question are of a private nature and do not affect the public at large – Following t...
Criminal Law - Quashing of Proceedings – Section 188 IPC – Absence of Written Complaint by Public Servant – Proceedings Quashed - The petitioners were charged under Section 188 IPC for allegedly obstructing a police officer’s duty. The Court held that cognizance under Section 188 IPC requires a written complaint from the public servant as per Section 195(1)(a) CrPC. Since n...
Criminal Law – Quashing of FIR – Illegal Extraction of Minerals – The petitioner was charged under Sections 379, 411, and 414 of the IPC and under the Mines and Minerals Act for alleged illegal extraction of brick earth – Held: The FIR and the subsequent proceedings were quashed as the petitioner had paid all dues for royalty, land revenue, and cess as demanded by the autho...
Defamation – Public Speech During Election Rally – Petitioner, a sitting MLA, made defamatory remarks during a post-election rally against the respondent, alleging association with a criminal gang and questioning his religious authenticity – Respondent contended that the statements harmed his reputation, leading to the filing of a private complaint – Magistrate took cogniza...
Quashing of FIR – Section 17A of Prevention of Corruption Act – Prior Approval Mandatory - The petitioners, a Circle Inspector and an Assistant Sub-Inspector, sought to quash an FIR registered against them for demanding illegal gratification. The High Court held that under Section 17A of the Prevention of Corruption Act, prior approval from the competent authority is mandatory before i...
Criminal Law – Quashing of Charges – Proceedings under SC/ST Act – Compromise between Parties – Application under Section 482 Cr.P.C. filed to quash the charge sheet and entire proceedings of S.T. No.130 of 2022 under Sections 504, 506, 323 IPC and Sections 3(1)(da), 3(1)(dha) of SC/ST Act – Case based on a compromise between the parties – Opposite party no. 2, ...
