Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court
2 years, 1 month ago

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court

Live Law  

The Kerala High Court recently refused to quash an FIR against a man accused of attempt to murder under Section 307 of the Indian Penal Code, 1860 despite the dispute being settled between the accused and the de facto complainant. The first petition was for quashing the FIR filed against him and the second petition was to quash the order of the Special Court that refused to release the car involved in the above crime. Offences like Section 307 of the IPC have a serious impact on the society and cannot be quashed in exercise of the powers under S.482 of the Cr.P.C, solely on the ground that the individuals have resolved the dispute amongst themselves, the court observed. The court observed that if on prima facie analysis by the court the chances of conviction under Section 307 are strong, it can refuse to quash the FIR despite settlement between parties.

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History of this topic

Writ Petition For Quashing Of FIR Can't Serve As Substitute For Availing Remedies Under BNSS: Delhi High Court
4 days, 16 hours ago

Writ Petition For Quashing Of FIR Can't Serve As Substitute For Availing Remedies Under BNSS: Delhi High Court

Live Law  

The Delhi High Court has recently observed that a writ petition filed under Article 226 of Constitution of India seeking quashing of an FIR cannot serve as a substitute for availing remedies specifically provided under the Bharatiya Nagarik Suraksha Sanhita, 2023, for securing personal liberty.Justice Sanjeev Narula made the observation while dismissing a plea moved by an accused in an. …

Karnataka High Court Declines To Quash Murder Case Filed By Son Against Father Over Death Of Mother Who Fell From 16th Floor Apartment
6 days, 18 hours ago

Karnataka High Court Declines To Quash Murder Case Filed By Son Against Father Over Death Of Mother Who Fell From 16th Floor Apartment

Live Law  

The Karnataka High Court has refused to quash murder proceedings initiated by a man against his father after his mother died by falling from their apartment situated on the 16th floor. Justice M Nagaprasanna while dismissing the petition filed by Devendra Bhatia said “When the evidence of both the children as quoted hereinabove would pin the petitioner down albeit, prima …

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC
1 week, 3 days ago

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC

Live Law  

The Kerala High Court has reiterated that an accused has no absolute right to seek further investigation or to dictate the terms of investigation or to state that the investigation must go in a particular manner. Court said, “While analysing the question of law as to whether an accused has an absolute right to seek for further investigation, in fact, …

Madras High Court Quashes FIR Against OpIndia's Rahul Roushan, Nupur Sharma Over Alleged Fake News On Bihari Migrants Being Attacked
1 week, 5 days ago

Madras High Court Quashes FIR Against OpIndia's Rahul Roushan, Nupur Sharma Over Alleged Fake News On Bihari Migrants Being Attacked

Live Law  

The Madras High Court has quashed an FIR registered against the CEO of OpIndia, Rahul Roushan, and its Editor, Nupur Sharma, for allegedly spreading fake news about migrant workers of Bihar being attacked in Tamil Nadu. Justice GK Ilanthiraiyan, on Tuesday, allowed the plea filed by Rahul and Nupur in 2023 seeking to quash the FIR registered against them by …

Prima Facie Opinion By Court At Stage Of Bail Application Not Binding On Investigation Or Trial: Kerala High Court
2 weeks, 2 days ago

Prima Facie Opinion By Court At Stage Of Bail Application Not Binding On Investigation Or Trial: Kerala High Court

Live Law  

In a significant ruling, the Kerala High Court held that a prima facie opinion at the bail application stage would not impact the investigation and trial. Court stated, “A finding of a prima facie case at the bail application stage is not binding to the trial court at the time of final disposal of that case. Therefore, simply because a …

Supreme Court Refuses To Quash 2011 Gujarat Police FIR Against Ex-IAS Officer Pradeep Sharma, Grants Anticipatory Bail
2 weeks, 3 days ago

Supreme Court Refuses To Quash 2011 Gujarat Police FIR Against Ex-IAS Officer Pradeep Sharma, Grants Anticipatory Bail

Live Law  

The Supreme Court today, while refusing to quash the FIR against former Gujarat IAS Officer Pradeep Sharma for allegedly misusing official position to pass unduly favourable orders in a land dispute, granted him anticipatory bail. Thus Sharma was allegedly “acting against the interest of the Government and with a view to unduly favour the allottees, had passed the order with …

Mention Of S.307 IPC In FIR Doesn't Bar Quashing Of Case On Settlement If Offence Isn't Made Out From Allegations : Supreme Court
1 month ago

Mention Of S.307 IPC In FIR Doesn't Bar Quashing Of Case On Settlement If Offence Isn't Made Out From Allegations : Supreme Court

Live Law  

The Supreme Court today observed that mere mentioning of the non-compoundable offence in an FIR does not bar the High Court from quashing the case based on a compromise, if upon closer scrutiny, the facts do not support the charge. A bench of Justice KV Viswanathan and Justice SVN Bhatti was hearing the appeal filed against the Allahabad High Court's …

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC
1 month, 1 week ago

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC

Live Law  

“ Such consideration of quashment of the proceedings, relying on the statement under Section 161 of the Cr.P.C. A single judge bench Justice M Nagaprasanna, which obliterated the cognizance order taken by Magistrate and remitted the matter back for fresh consideration said, The Karnataka High Court on Friday, while refusing to quash the proceeding initiated against former Chief Minister B …

Non-Disclosure Of Minor Criminal Cases Which Were Quashed Not Fatal For Appointment To Govt Post: Kerala High Court
1 month, 1 week ago

Non-Disclosure Of Minor Criminal Cases Which Were Quashed Not Fatal For Appointment To Govt Post: Kerala High Court

Live Law  

The Kerala High Court observed that every non-disclosure of criminal cases by an individual cannot be regarded as fatal for his appointment to a government post. Court stated, “Non-disclosure of two minor cases, which were later on quashed and closed, one by the High Court and another by paying the fine, would not itself make the petitioner unsuitable for the …

Journalist Approaches Kerala HC Seeking Appointment Of Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju
1 month, 3 weeks ago

Journalist Approaches Kerala HC Seeking Appointment Of Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju

Live Law  

Editor-in-Chief of Madhyama Syndicate News Channel Anil K Emmanuel has approached Kerala High Court to appoint a Special Prosecutor in a criminal case initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990. The petitioner added that he had also filed an …

Cases Involving Serious Allegations Of Sexual Assault Cannot Be Quashed Even At Victim's Instance: Kerala High Court
2 months ago

Cases Involving Serious Allegations Of Sexual Assault Cannot Be Quashed Even At Victim's Instance: Kerala High Court

Live Law  

The Kerala High Court recently held that criminal proceedings in cases involving serious allegations of sexual assault cannot be quashed, even at the instance of a victim. If the prosecution evidence would show, prima facie, materials to hold that the offences are made out, quashment on the ground of settlement moved by the accused or the defacto complainant could not …

Bombay High Court Declines To Quash FIR Lodged By Wife Against Husband For Outraging Her Modesty
2 months, 1 week ago

Bombay High Court Declines To Quash FIR Lodged By Wife Against Husband For Outraging Her Modesty

Live Law  

The Bombay High Court recently refused to quash a First Information Report lodged against a man by his estranged wife, for outraging her modesty. A division bench of Justices Ravindra Ghuge and Rajesh Patil refused to quash a FIR lodged with the Kasturba Sub Police Station in Malvani, Mumbai, under sections 354, 506 and 323 lodged against the husband by …

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court
2 months, 3 weeks ago

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court

Live Law  

The Kerala High Court has reiterated that an attempt to murder case under IPC Section 307 can be settled between the accused and complainant after filing Final Report if the prosecution materials do not suggest commission of the said offence and after considering the injuries sustained to the victim. “ In view of the above legal position, settlement of cases …

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court
2 months, 3 weeks ago

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court

Live Law  

The Kerala High Court has reiterated that an attempt to murder case under IPC Section 307 can be settled between the accused and complainant after filing Final Report if the prosecution materials do not suggest commission of the said offence and after considering the injuries sustained to the victim. “ In view of the above legal position, settlement of cases …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
3 months ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

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

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
3 months, 3 weeks ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
4 months, 1 week 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 …

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation
4 months, 1 week ago

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation

Live Law  

The Kerala High Court has ruled that an additional or subsequent police report cannot be held as invalid just because the investigation officer did not seek the court's permission before conducting further investigation. The court emphasized the need to obtain the court's permission as a practice, however held that even in the absence of such permission, the final report is …

ED’s ECIR need not be quashed just because FIR has been set aside, rules Madras High Court
6 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 …

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court
8 months, 1 week ago

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court

Live Law  

Kerala High Court has held that while Court is exercising its power to quash proceedings, the Court cannot examine the correctness or genuineness of the complaint. to quash criminal proceedings, the High Court would have to proceed entirely on the basis of the allegations made in the complaint or the documents accompanying the same per se. It has been further …

[NDPS Act] Before Conducting Search Of Person, Accused Must Be Informed Of Right To Seek Presence Of Magistrate Or Gazetted Officer: Kerala High Court
9 months ago

[NDPS Act] Before Conducting Search Of Person, Accused Must Be Informed Of Right To Seek Presence Of Magistrate Or Gazetted Officer: Kerala High Court

Live Law  

A single bench of Justice Mary Joseph of the Kerala High Court has held that before conducting the body search of a person, the person has to be informed of his right to have the presence of either the Magistrate or a Gazetted Officer to witness his body search. The Court held that it is settled law that a person …

Kerala High Court Quashes Proceedings Against KPCC President K Sudhakaran In CPM Leader P Jayarajan's Attempt To Murder Case
9 months, 3 weeks ago

Kerala High Court Quashes Proceedings Against KPCC President K Sudhakaran In CPM Leader P Jayarajan's Attempt To Murder Case

Live Law  

The Kerala High Court quashed proceedings against State Congress President, K Sudhakaran in CPM leader P Jayarajan's attempt to murder case. The Court stated that the first FIR was filed alleging sections 120B, 307 of IPC, section 25 and section 27 of the Arms Act. The Court stated that a second FIR can be registered if it pertains to a …

Karnataka Excise Act | Police Can't File FIR Solely On Basis Of Seizure Panchnama: High Court
11 months ago

Karnataka Excise Act | Police Can't File FIR Solely On Basis Of Seizure Panchnama: High Court

Live Law  

The Karnataka High Court has set aside the conviction handed down to two accused under Sections 32, 34 and 38-A of the Karnataka Excise Act, holding that the police cannot file an FIR on the basis of seizure panchanama. The petitioners are acquitted for the offences punishable under Sections 32, 34 and 38-A of Karnataka Excise Act.” The prosecution alleged …

Criminal Courts Not Recovery Courts, Quantum Of Bond Can't Depend On Amount Involved In Criminal Cases: Kerala High Court
11 months, 3 weeks ago

Criminal Courts Not Recovery Courts, Quantum Of Bond Can't Depend On Amount Involved In Criminal Cases: Kerala High Court

Live Law  

The Kerala High Court stated that the right to be enlarged on bail is an indefeasible part of the right to personal liberty under Article 21 of the Constitution and cannot be denied by imposing stringent or unreasonable conditions. Justice Bechu Kurian Thomas stated that excessive bond amounts cannot be imposed for denying bail since bail bonds only intend to …

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC
1 year, 1 month 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 …

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court
1 year, 4 months ago

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court

Live Law  

The Kerala High Court on Wednesday laid down that mere filing of an application by the complainant for compounding of offences alleged does not automatically result in acquittal of accused.Bench of Justice K. Babu noted that Section 320 CrPC categorizes offences into two parts- Under Sub-section, certain offences have been listed which can be compounded without the permission of the. …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 5 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court
1 year, 6 months ago

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court

Live Law  

While reversing an order of acquittal in a bribery case against a village officer, the Kerala High Court recently observed that CrPC does not mandate the appellate court to differentiate between the appeals against judgments of conviction or acquittal and that they have the same powers while dealing with both. It was also argued that the court below failed to …

​Karnataka HC quashes case against Nadda, says 'reckless registration of crime' based on absurd allegations
1 year, 6 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 …

Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court
1 year, 7 months ago

Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court

Live Law  

The Kerala High Court recently emphasised the objective nature of determining the legal distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, unrelated to the offender's intention.A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha added that neglecting the difference between the two can lead to a miscarriage of justice. The …

S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court
1 year, 7 months ago

S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court

Live Law  

The Supreme Court observed that the criminal antecedents of the accused cannot be the sole consideration to decline to quash the criminal proceedings. "An accused has a legitimate right to say before the Court that howsoever bad his antecedents may be, still if the FIR fails to disclose commission of any offence or his case falls within one of the …

No Bail In Attempt To Murder Case On Settlement If Witnesses Support Prosecution Case: Kerala High Court
1 year, 10 months ago

No Bail In Attempt To Murder Case On Settlement If Witnesses Support Prosecution Case: Kerala High Court

Live Law  

The Kerala High Court recently held that mere settlement of an attempt to murder case between the parties by itself could not be a ground for granting bail to an accused. Merely because the injured persons submitted that they have settled the matter, that by itself is not a reason to grant bail to the accused in a crime involving …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 10 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 11 months ago

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure, without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice. The …

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court
2 years ago

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court

Live Law  

The Karnataka High Court has said that a petition filed under Section 482 of the Criminal Procedure Code, seeking to quash conviction handed down to an accused under the Negotiable Instruments Act is not maintainable. Therefore, the High Court can entertain Section 482 of Cr.P.C, if the complaint is dismissed for non-prosecution or dismissed for default under section 256 of …

'Loss of Human Life Cannot Be Forgotten': Punjab And Haryana HC Refuses to Quash FIR in Culpable Homicide Case
2 years, 1 month ago

'Loss of Human Life Cannot Be Forgotten': Punjab And Haryana HC Refuses to Quash FIR in Culpable Homicide Case

News 18  

While refusing to quash an FIR in a culpable homicide case on the basis of an amicable settlement between the parties, the Punjab and Haryana High Court recently observed that the loss of human life cannot be ignored or forgotten from the mind. Their counsel apprised the court that the parties had reached an amicable settlement vide the compromise deed …

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case
2 years, 2 months ago

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case

Live Law  

The Kerala High Court recently observed that a finding on the veracity of the material in a case where the allegations levelled by the prosecution disclose a cognizable offence, is not a consideration for the High Court while exercising its power under Section 482 CrPC to quash a criminal proceeding. A finding on the veracity of a material relied on …

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court
2 years, 3 months 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 …

High Court Refuses To Quash Chargesheet Filed Under Karnataka Police Act Merely For Absence Of Independent Witnesses
2 years, 3 months ago

High Court Refuses To Quash Chargesheet Filed Under Karnataka Police Act Merely For Absence Of Independent Witnesses

Live Law  

The Karnataka High Court has refused to quash a chargesheet filed against an accused under the Karnataka Police Act merely because the Police did not cite any independent witness. It thus dismissed the petition filed by one Ramanji who is charged under Section 78 of the Police Act for allegedly running matka in a gambling bid. Ramanji submitted that the …

Cannot Quash FIRs Merely On Basis Of Preliminary Enquiry Report: Tamil Nadu Govt To Madras High Court On SP Velumani's Quashing Petition
2 years, 4 months ago

Cannot Quash FIRs Merely On Basis Of Preliminary Enquiry Report: Tamil Nadu Govt To Madras High Court On SP Velumani's Quashing Petition

Live Law  

On the second day of the hearing of former minister SP Velumani's petitions seeking quashing of the two FIRs alleging irregularity in grant of tenders, the State argued that he cannot rely on the preliminary inquiry report to state that he was innocent.The submission was made by Advocate General R Shunmughasundaram before a division bench of Justice PN Prakash and …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 4 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 …

The Constitutional Courts Cannot And Should Not Quash An "FIR" During The Investigation Stage
2 years, 5 months ago

The Constitutional Courts Cannot And Should Not Quash An "FIR" During The Investigation Stage

Live Law  

Even with regard to matters pending before a criminal court, the power u/s 482 Cr.P.C. If the "information" given provides the police officer empowered under Section 156 Cr.P.C "a reason to suspect" the commission of a cognizable offence, he has no option except to record the information and proceed to investigate the case either himself or depute any other competent …

Accused Can't Ordinarily Move Quashing Plea If Sessions Court Granted Pre-Arrest Bail On Condition To Cooperate In Criminal Investigation: Karnataka HC
2 years, 6 months ago

Accused Can't Ordinarily Move Quashing Plea If Sessions Court Granted Pre-Arrest Bail On Condition To Cooperate In Criminal Investigation: Karnataka HC

Live Law  

The Karnataka High Court has said that an accused who has secured anticipatory bail orders at the hands of jurisdictional Sessions Judge, wherein a condition is stipulated for the accused to cooperate in the investigation process, cannot readily approach the High Court seeking quashing of the criminal proceedings. A single judge bench of Justice Krishna S Dixit while dismissing two …

Delhi High Court refuses to quash FIR against a man on molestation allegations
2 years, 6 months ago

Delhi High Court refuses to quash FIR against a man on molestation allegations

Firstpost  

The accused had to resign from his lucrative job in the United Nations following the complainant’s letter to his organisation New Delhi: The Delhi High Court has refused to quash an FIR against a man on molestation allegations and directed that the woman will have to pay damages to the accused in case he is acquitted by the trial court. …

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC
2 years, 6 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 …

Kerala High Court Dismisses Swapna Suresh's Plea To Quash FIR Registered Against Her Over Allegations Against CM
2 years, 6 months ago

Kerala High Court Dismisses Swapna Suresh's Plea To Quash FIR Registered Against Her Over Allegations Against CM

Live Law  

The Kerala High Court on Friday dismissed the two petitions filed by Swapna Suesh seeking to quash the FIR registered against her for allegedly spreading false information against MLA K.T Jaleel, Chief Minister Pinarayi Vijayan and the Government.The bench of Justice Ziyad Rahman A. The Kerala High Court on Friday dismissed the two petitions filed by Swapna Suesh seeking to …

Gujarat High Court Refuses To Quash Extortion FIR Against Ex-ASG IH Syed
2 years, 9 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 …

Pending Litigations Between Parties Can't Be Sole Ground To Quash Criminal Proceedings U/S 482 CrPC: Jharkhand High Court
2 years, 10 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 …

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