Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court
6 months, 3 weeks ago

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that availing a civil remedy does not by itself become grounds to quash a criminal complaint filed concerning facts which not only make out a civil wrong but a criminal offence as well. The Court said: “Merely on account of the fact that complainant had a civil remedy as also has availed that remedy, the initiation of criminal motion against the petitioner may not be allowed to quash at the nascent stage of investigation in the impugned FIR.” A bench of Justice Sudesh Bansal was hearing a plea under Section 482 CrPC seeking quashing of an FIR filed against the petitioner. Ltd. v State of Kerala in which the following was observed: “It is true that a given set of facts may make out a civil wrong as also a criminal offence and only because a civil remedy may be available to the complainant that itself cannot be a ground to quash a criminal proceeding. The real test is whether the allegations in the complaint disclose the criminal offence of cheating or not.” Furthermore, the Court also observed that it had been settled by many Supreme Court cases that even though inherent powers of high court were of wide amplitude, these should be used sparingly in the rarest of rare cases.

High Court Dispute Court Civil Criminal Criminal Proceedings Fir Complainant Offence Petitioner Remedy Quash Civil Remedy  offence  remedy  dispute  court  reveal  proceedings  criminal  high  complainant  civil  quash  prima  facts  fir  petitioner  rajasthan

History of this topic

Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal
2 days, 7 hours ago

Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal

Live Law  

Rajasthan High Court set aside conviction and sentence in a cheque dishonour case in light of settlement reached between the parties while imposing a cost of 15% of the cheque value on the petitioner since the compromise was reached at after rejection of appeal filed by the convict and pending revision petition. The bench of Justice Manoj Kumar Garg was …

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC
1 week ago

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC

Live Law  

While setting aside a decision of the trial court taking cognizance of offences including rioting in a protest plea, the Jodhpur bench of the Rajasthan High Court reiterated that it was settled law that while taking cognizance of offence on a protest petition the Magistrate should demonstrate his "disagreement with the police report". Pursuant to a complaint being filed against …

S. 138 NI Act | Complainant Can't Be Left Remediless Merely Because He Filed 'Premature' Complaint For Cheque Dishonour: Rajasthan HC
1 week, 4 days ago

S. 138 NI Act | Complainant Can't Be Left Remediless Merely Because He Filed 'Premature' Complaint For Cheque Dishonour: Rajasthan HC

Live Law  

“ From the aforesaid law laid down by the Apex Court in the case of Yogendra Pratap Singh and Gajanand Burange, it is apparent that in a case where the complaint was filed before the expiry of a period of fifteen days stipulated in the notice which is required to be served upon the drawer of the cheque, the Court …

Court In Exercise Of Supervisory Jurisdiction Shall Not Interfere With Arbitral Award, Limited Scope Of Interference: Rajasthan High Court
2 weeks, 4 days ago

Court In Exercise Of Supervisory Jurisdiction Shall Not Interfere With Arbitral Award, Limited Scope Of Interference: Rajasthan High Court

Live Law  

The Rajasthan High Court Bench of Justice Shree Chandrashekhar and Dr. Justice Nupur Bhati held that it is a well settled law that the interpretation of the clause of Agreement by the Arbitrator shall not be open to judicial interference unless it is demonstrated before the Court that the interpretation put by the Arbitral Tribunal was perverse. Additionally, the court …

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court
2 weeks, 6 days ago

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court

Live Law  

While quashing a First Information Report against an accused, the Delhi High Court reiterated that if an accused is found innocent in disciplinary proceedings and the same charges are levelled in the criminal case, then there is no justifiable reason to continue the criminal proceedings. Referring to various decisions of the Supreme Court and the high court Justice Vikas Mahajan …

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court
4 weeks, 1 day ago

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court

Live Law  

The Gujarat High Court bench of Justice Divyesh A. Joshi has held that mere existence of arbitration clause in the agreement does not bar jurisdiction of the civil court automatically. Courts generally construe the provisions strictly when jurisdiction of the civil courts is claimed to be excluded.” It further observed that in ITI Ltd. vs. Siemens Public Communications Network Ltd.,, …

S.175 BNSS | Magistrate Can't Order Registration Of FIR Like 'Rubber Stamp' Especially In Complaints Arising From Family Disputes: Rajasthan HC
4 weeks, 1 day ago

S.175 BNSS | Magistrate Can't Order Registration Of FIR Like 'Rubber Stamp' Especially In Complaints Arising From Family Disputes: Rajasthan HC

Live Law  

Rajasthan High Court quashed an FIR filed by the police on directions from the CJM based on a complaint under Section 175, BNSS, calling it a “rubber-stamp decision making” and observing complete judicial oversight on part of the CJM. “Magistrates must also meticulously ascertain the truthfulness and credibility of the allegations, corroborating them with supporting material before taking action Criminal …

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
1 month, 1 week ago

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case

Live Law  

The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes Act, 1989, observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste. These observations were made while hearing the plea to quash the criminal complaint lodged in …

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent
1 month, 1 week ago

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent

Live Law  

Rajasthan High Court has ruled that sometimes bonafide mistake could be committed by the counsel for a litigant by not furnishing the requisite notices upon the opposite party, however, instead of applying a hyper-technical approach and rejecting the case, justice oriented approach should be applied. The Court was hearing writ petitions filed against the order of the Rajasthan Civil Services …

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court
1 month, 1 week ago

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Live Law  

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19 of the Rajasthan Civil Services Rules, 1958 and do away with the inquiry. Hence, in order to take a quick and effective action, the disciplinary authority dismissed the petitioner from services under Rule 19 to send …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
1 month, 1 week ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders
1 month, 2 weeks ago

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

Live Law  

The Karnataka High Court on Wednesday quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. As per the prosecution case on April 19 MCC Nodal officer of Gandhinagar informed the complainant …

Rajasthan HC quashes FIR against Shilpa Shetty, Salman Khan under SC-ST Act
1 month, 3 weeks ago

Rajasthan HC quashes FIR against Shilpa Shetty, Salman Khan under SC-ST Act

New Indian Express  

JAIPUR: The Rajasthan High Court on Thursday quashed an FIR against Bollywood actors Shilpa Shetty and Salman Khan under the SC-ST Act. A single bench led by Justice Arun Monga ruled that an FIR under the SC-ST Act cannot be registered without proper sectioning and inquiry. Court Highlights Flaws in FIR The High Court bench noted that the FIR was …

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case
1 month, 3 weeks ago

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case

Hindustan Times  

The Rajasthan high court on Tuesday dismissed charges under the Scheduled Castes and Scheduled Tribes Act, 1989, against four individuals accused of using derogatory language toward public officials during an encroachment inspection in Jaisalmer. Justice Birendra Kumar observed that the alleged terms used — ‘bhangi’, ‘neech’, ‘bhikhari’ and ‘mangani’ — were not casteist slurs and therefore did not meet the …

Partial Compromise With Some Accused In Criminal Case Not Allowed, Victim Can't Be Driver Of Criminal Justice System: Punjab & Haryana HC
1 month, 4 weeks ago

Partial Compromise With Some Accused In Criminal Case Not Allowed, Victim Can't Be Driver Of Criminal Justice System: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that partial compromise with some accused in a criminal case, where there are multiple accused persons, cannot be allowed. A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "To ensure that the victim/complainant, does not become the driver of the criminal justice system, through makings of piecemeal settlements, thereupons …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
2 months ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
3 months, 2 weeks ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

ED’s ECIR need not be quashed just because FIR has been set aside, rules Madras High Court
4 months ago

ED’s ECIR need not be quashed just because FIR has been set aside, rules Madras High Court

The Hindu  

The Enforcement Case Information Report registered by the Directorate of Enforcement under the Prevention of Money Laundering Act of 2002 cannot be quashed if the First Information Report registered by another agency for the predicate offence had been quashed only on technical or procedural grounds and not on substantive grounds, the Madras High Court has ruled. The petitioner had contended …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
4 months ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC
4 months, 4 weeks ago

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC

Live Law  

The Rajasthan High Court granted relief to an aspirant for a government job 9 years after his candidature was rejected, despite being meritorious, on the grounds of a pending criminal case against him. The Court observed that firstly, denying government employment merely on the grounds of a pending criminal case was illegal, arbitrary and unjust because as per criminal jurisprudence, …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
5 months, 1 week ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Rajasthan High Court Refuses To Quash FIR Against Two Doctors Booked In Connection With Alleged Illegal Kidney Transplant Racket
7 months ago

Rajasthan High Court Refuses To Quash FIR Against Two Doctors Booked In Connection With Alleged Illegal Kidney Transplant Racket

Live Law  

The Rajasthan High Court has refused to quash an FIR lodged against two doctors of the Fortis Hospital at Jaipur who are accused in connection with an international racket that came to be busted in respect of alleged illegal transplantation of human organ. It observed, " As per the investigation report, petitioner No.1 has been found to be in telephonic …

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
7 months, 2 weeks ago

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court

Live Law  

Finding that the entire series of events have nexus with each other and the action of petitioner was done in discharge of his official duties, the Rajasthan High Court held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer, is unsustainable in law, in …

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
9 months ago

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue

Live Law  

The Rajasthan High Court today stayed coercive action till May 27 against a Judicial Magistrate who is facing an FIR for allegedly asking a Rape survivor to strip and show her injuries, last month. Appearing for the petitioner-association, Advocate Deepak Chauhan also drew the attention of the High Court towards the articles published in newspapers related to the alleged incident …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
9 months, 4 weeks ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
9 months, 4 weeks ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC
11 months, 3 weeks ago

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC

Live Law  

The Allahabad High Court has observed that a charge sheet and the criminal proceedings against an accused cannot be quashed merely because the allegations may also disclose a civil dispute between the parties. “The mere fact that the allegations also make out existence of civil dispute would not be a ground to quash the criminal proceedings when the allegations clearly …

FIR In Predicate Offence Stands Quashed Based On Settlement, ED Complaint Cannot Survive: Delhi High Court
1 year, 2 months ago

FIR In Predicate Offence Stands Quashed Based On Settlement, ED Complaint Cannot Survive: Delhi High Court

Live Law  

The Delhi High Court has quashed an ECIR and proceedings arising therefrom, observing that the predicate offence had already been quashed and the order to that effect had attained finality. He drew attention of the Court to Directorate of Enforcement v. Gagan Deep Singh, a case where the issue as to whether PMLA proceedings would survive upon acquittal/discharge of accused …

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses
1 year, 3 months ago

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses

Live Law  

The Rajasthan High Court has upheld a Special Court's order rejecting the closure report submitted by the police and taking cognizance against accused Station House Officer for offences under the Scheduled Caste and Scheduled Tribe Act. The Trial Court did not accept the final report and took cognizance under Sections 341 and 323 IPC and Sections 3, 3 and 3 …

​Karnataka HC quashes case against Nadda, says 'reckless registration of crime' based on absurd allegations
1 year, 4 months ago

​Karnataka HC quashes case against Nadda, says 'reckless registration of crime' based on absurd allegations

India TV News  

The Karnataka High Court has quashed the criminal proceedings in a case against BJP national president JP Nadda in connection with an election speech ahead of the Assembly polls in May, and called it a “reckless registration of crime." A complaint was lodged by an election officer at the Harapanahalli police station on May 9 under Section 171F, alleging that …

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR
1 year, 6 months ago

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR

Live Law  

The Rajasthan High Court at Jaipur pulled up a Senior Advocate for "putting undue pressure" on the court to hear the prayer for stay of investigation in an FIR under Sections 410, 181, 198, 199, 200 of IPC against his client. Justice Birendra Kumar said said court has maintained "utmost restraint" in not initiating contempt proceedings against the senior counsel …

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence
1 year, 9 months ago

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence

Live Law  

The Rajasthan High Court on Tuesday upheld the judgement of a trial court which extended the benefit of probation to two convicts who were convicted under Section 323, Section 325 and Section 504 of IPC, in alternative to their imprisonment. The singe judge bench of Justice Farjand Ali observed: “I have gone through the judgment passed by learned trial Judge …

Principles Of Res Judicata Would Apply To Criminal Proceedings, Reiterates Kerala High Court
1 year, 11 months ago

Principles Of Res Judicata Would Apply To Criminal Proceedings, Reiterates Kerala High Court

Live Law  

The Kerala High Court recently held that principles of res judicata and constructive res judicata would squarely apply not just to civil proceedings but to criminal proceedings as well.Justice A. Badharudeen was hearing a petition filed under Section 482 of the Code of Criminal Procedure, 1973 to quash a complaint pending before Magistrate Court, where she was alleged to have …

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent
2 years ago

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent

Live Law  

The Supreme Court, in an judgment passed yesterday, quashed criminal proceedings against an accused in a cheating case after noticing that the complainant in fact availed civil remedy.The court however clarified that this order in the facts and circumstances of the present case and the same shall not be cited as a precedent.In this case, the complainant alleged that his …

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court
2 years, 1 month ago

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court

Live Law  

The Supreme Court observed that the criminal proceedings can be quashed when the complaint on the basis of which FIR was registered does not disclose any act of the accused or their participation in the commission of crime. They are neither concerned with the registered sale deed dated 4th May, 1977 nor the later sale deed executed in favour of …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 2 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC
2 years, 4 months ago

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC

Live Law  

The Karnataka High Court has quashed an order of conviction after the parties to the proceedings post the conviction order entered into a settlement and sought for compounding of the offences so made against the petitioner. A single judge bench of Justice M Nagaprasanna allowed the plea filed by one Lakshmibai who was convicted by the trial court for offences …

Civil Case & Criminal Proceeding Can Be Initiated Simultaneously Only If "Criminality" Is Involved: Jharkhand High Court
2 years, 4 months ago

Civil Case & Criminal Proceeding Can Be Initiated Simultaneously Only If "Criminality" Is Involved: Jharkhand High Court

Live Law  

The Jharkhand High Court has reiterated that both civil case and criminal proceeding can be initiated simultaneously with a rider that some sense of "criminality" is involved in the allegations. While allowing the petition, Justice Sanjay Kumar Dwivedi: "There is no dispute with regard to the fact that civil case and criminal proceeding can go simultaneously, if criminality is involved. …

Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him
2 years, 5 months ago

Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him

Live Law  

The Rajasthan High Court recently upheld termination of an employee who obtained compassionate appointment by concealment of facts. The petitioner was not able to give details of criminal cases pending against him allegedly on account of paucity of space in attestation form. The court observed that the petitioner failed to give due details and therefore, violated Clause-2 of the appointment …

Punjab & Haryana High Court Refuses Bail On Ground Of Compromise, Says Complainant May Be Influenced By Co-Accused Who Are Yet To Be Arrested
2 years, 7 months ago

Punjab & Haryana High Court Refuses Bail On Ground Of Compromise, Says Complainant May Be Influenced By Co-Accused Who Are Yet To Be Arrested

Live Law  

The Punjab and Haryana High Court, while dealing with a petition seeking regular bail of the accused in FIR relating to physical abuse and abduction of complainant's brother, who later committed suicide, held that the compromise cannot be taken as a ground at this stage for grant of bail. The bench comprising Justice Avneesh Jhingan further held that the allegations …

Gujarat High Court Refuses To Quash Extortion FIR Against Ex-ASG IH Syed
2 years, 7 months ago

Gujarat High Court Refuses To Quash Extortion FIR Against Ex-ASG IH Syed

Live Law  

The Gujarat High Court has refused to quash a FIR registered against former Assistant Solicitor General and Senior Advocate IH Syed for alleged assault and extortion, stating that the investigation is underway and thus, it is too early to opine on his innocence. The Gujarat High Court has refused to quash a FIR registered against former Assistant Solicitor General and …

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail
2 years, 7 months ago

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail

Live Law  

The Rajasthan High Court has granted bail to a murder accused after hearing his counsel's arguments contending that no one can be arrested simply on the basis of assumption, presumption and perception. The appellant's counsel submitted that there is no eye-witness of the incident and the case of the prosecution is based on circumstantial evidence, however no circumstances are available …

Attempt To Get Civil Dispute Resolved By Invoking Criminal Court's Jurisdiction Amounts To Abuse of Process of Court: Rajasthan High Court
2 years, 7 months ago

Attempt To Get Civil Dispute Resolved By Invoking Criminal Court's Jurisdiction Amounts To Abuse of Process of Court: Rajasthan High Court

Live Law  

The Rajasthan High Court has observed that the attempt of a complainant to get the civil dispute resolved by resorting to invoking jurisdiction of a criminal court amounts to abuse of the process of the court. Justice Birendra Kumar, while allowing the petition filed by the accused and quashing the FIR and subsequent proceedings arising-therein, observed, "After hearing the learned …

[Jodhpur Violence] Rajasthan High Court Grants Interim Protection From Arrests To 3 Accused Persons
2 years, 7 months ago

[Jodhpur Violence] Rajasthan High Court Grants Interim Protection From Arrests To 3 Accused Persons

Live Law  

The Rajasthan High Court has granted interim protection from arrest to three accused persons, namely Hitesh Vyas, Arvind and Khimanshu Gehlot in the recent incident of Jodhpur Violence that took place on 02.05.2022 at Jalori Gate Chouraha, Jodhpur. The court has directed the Investigation Officer to remain present with case diary and CCTV Footage of the incident on the next …

Pending Litigations Between Parties Can't Be Sole Ground To Quash Criminal Proceedings U/S 482 CrPC: Jharkhand High Court
2 years, 8 months ago

Pending Litigations Between Parties Can't Be Sole Ground To Quash Criminal Proceedings U/S 482 CrPC: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that merely because there is a case and a counter case between the parties or merely because there has been a title suit amongst the parties, the same is not sufficient to quash the criminal proceedings instituted by one of them against the other. The lower court conducted an inquiry in the said protest-cum-complaint …

Gujarat HC Quashes Criminal Proceedings Against Shah Rukh Khan Over 2017 'Raees' Promotion Incident
2 years, 8 months ago

Gujarat HC Quashes Criminal Proceedings Against Shah Rukh Khan Over 2017 'Raees' Promotion Incident

News 18  

In a relief to Bollywood actor Shah Rukh Khan, the Gujarat High Court on Wednesday quashed a 2017 criminal case against him in connection with the stampede at the railway station in Vadodara during a train trip to promote his film ‘Raees’. The case was registered for allegedly committing acts endangering the life or personal safety of others after a …

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC
2 years, 8 months ago

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC

Live Law  

The Rajasthan High Court observed that medical evidence cannot be doubted, that too, at the stage of framing of charges, where as per the settled law laid down by the Supreme Court, the possibility of acquittal of the accused person are not to be taken into consideration, rather it is to be seen whether prima facie case is made out …

FIR For Non-Compoundable Offences Can Be Quashed In Matrimonial Disputes If Court Satisfied That Parties Settled Disputes Amicably: Delhi HC
2 years, 8 months ago

FIR For Non-Compoundable Offences Can Be Quashed In Matrimonial Disputes If Court Satisfied That Parties Settled Disputes Amicably: Delhi HC

Live Law  

The Delhi High Court has observed that FIR or complaints can be quashed even in respect of non-compoundable offences pertaining to matrimonial disputes if the Court is satisfied that the parties have settled their disputes amicably, without any pressure. Justice Chandra Dhari Singh observed thus:"Even in non- compoundable offences pertaining to the matrimonial disputes, if Court is satisfied. Justice Chandra …

Partial Quashing Of FIR Only Qua Accused With Whom Complainant Has Settled Matter Permissible: Delhi High Court
2 years, 8 months ago

Partial Quashing Of FIR Only Qua Accused With Whom Complainant Has Settled Matter Permissible: Delhi High Court

Live Law  

The Delhi High Court has observed that partial quashing or part quashing of FIR only qua the accused with whom the complainant has compromised or settled the matter can be allowed. 406, 420 and 34 of Indian Penal Code and the proceedings emanating therefrom qua a man who had approached the Court seeking quashing of the same.The. 406, 420 and …

Discover Related