Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties
2 years, 10 months ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the inherent jurisdiction and Hon'ble Apex Court on the aforesaid point has specifically observed that as offence under Section 307 IPC is non-compoundable as well as offence under Section 307 is not a private dispute between the parties inter se, but is a crime against the society, quashing of the proceedings on the basis of a compromise is not permissible. The Court also referred to the decision of the Supreme Court in Narinder Singh v. State of Punjab, wherein it was observed that the offence U/S 307 IPC would fall under the category of heinous and serious offences and should therefore be generally treated as crime against the society and not against the individual alone. The Court concluded that considering the facts of the case, the gravity of offence and the conduct of the accused, it would not be appropriate to quash the FIR for the offences U/S 307, 498-A, 34 IPC only on the basis of settlement between the Applicants and the Complainant.

High Court State Ipc Punjab Fir Complainant Madhya Pradesh Offence Observed Crpc Offences 307 Ipc 307 34 Ipc Sections 307  rejects  307  offences  compromise  pradesh  parties  high  court  complainant  offence  34  madhya  observed  ipc  singh  compounding  state

History of this topic

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce
4 days, 8 hours ago

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

Live Law  

The Supreme Court today quashed a domestic cruelty case under Section 498A IPC against the husband's parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce. The bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing the Appellant's challenge to the Bombay High Court's Aurangabad Bench decision which refused …

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family
5 days, 12 hours ago

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family

Live Law  

The Indore Bench of Madhya Pradesh High Court in a recent ruling allowed the medical termination of a woman's pregnancy on account of matrimonial dispute and alleged domestic violence by her husband and his family members. of NCT of Delhi, Justice Subodh Abhyankar observed, "this Court is of the considered opinion that on account of the petitioner's dispute with her …

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor
1 week, 1 day ago

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor

Live Law  

In a plea concerning termination of over 20-week pregnancy of a minor girl who was stated to be gang raped, the Indore bench of the Madhya Pradesh High Court has given a detailed procedure to be followed by police authorities, district courts and high court registry in order to ensure timely legal and medical help. It is rather cruel for …

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree
1 week, 5 days ago

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree

Live Law  

By way of an interim direction, the Madhya Pradesh High Court has restrained a man from solemnizing second marriage during the pendency of his ex-wife's appeal against the decree of divorce dissolving their marriage. The counsel for the appellant submitted, “First appeal is pending before this Hon'ble court and the respondent is going to perform second marriage on 13th of …

Does Bar U/S 195(1)(a)(i) CrPC Apply To Non-Appearance Of Proclaimed Offender Punishable U/S 174A IPC? Delhi HC Refers Issue To Large Bench
2 weeks ago

Does Bar U/S 195(1)(a)(i) CrPC Apply To Non-Appearance Of Proclaimed Offender Punishable U/S 174A IPC? Delhi HC Refers Issue To Large Bench

Live Law  

A single bench of the Delhi High Court has referred the question of “whether charges under Section 174A of the IPC can be clubbed with charges under Sections 172-188 IPC and whether the court can proceed without a complaint under Section 195 of the Cr.PC”, to a larger bench for consideration. The appellant contended that in the absence of any …

P&H High Court Enhances Fine In Double Murder Case To ₹2 Lakhs, Says There Should Be No Disparity Of Amount Between Co-Convicts
2 weeks, 1 day ago

P&H High Court Enhances Fine In Double Murder Case To ₹2 Lakhs, Says There Should Be No Disparity Of Amount Between Co-Convicts

Live Law  

The Punjab & Haryana High Court has upheld the conviction in a double murder case of four convicts, observing that the fine of Rs.50,000 imposed on one convict was "extremely minimal" and there should not be a disparity of fine amount among co-convicts.Justice Sureshwar Thakur and Kuldeep Tiwari said, "the imposition of the fine amount of Rs.50,000/- upon the convict.Gurdev …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
2 weeks, 1 day ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference
3 weeks, 4 days ago

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference

Live Law  

The Allahabad High Court has observed that when a challenge lies to the entire proceeding of a case registered under the SC/ST Act, the High Court could entertain the case under its inherent jurisdiction under Section 482 CrPC to secure the end of justice.The Court held that there could be no hard and fast rule regarding the interference of the …

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts
3 weeks, 6 days ago

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

Live Law  

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal …

Madhya Pradesh HC Permits First Round Of NEET-PG Counselling, Restricts Result Declaration Till Nov 28 Over 'Normalization Process' Issue
4 weeks, 1 day ago

Madhya Pradesh HC Permits First Round Of NEET-PG Counselling, Restricts Result Declaration Till Nov 28 Over 'Normalization Process' Issue

Live Law  

While ordering the State to carry out "first round of counselling" of NEET-PG counselling for MD/MS courses, the Jabalpur bench of the Madhya Pradesh High Court directed that the results shall not be declared till November 28.The direction came in a plea where the petitioners raised concerns over the non adoption of the 'normalization process' done for the second time …

'No Criminal History': Madhya Pradesh High Court Commutes Death Penalty Imposed On Man Convicted For Rape And Murder Of Minor
1 month ago

'No Criminal History': Madhya Pradesh High Court Commutes Death Penalty Imposed On Man Convicted For Rape And Murder Of Minor

Live Law  

The Madhya Pradesh High Court in a recent ruling commuted the death sentence of a man convicted for rape and murder of a minor girl. The division bench observed, “…we have no hesitation in maintaining his sentence under Sections 302, 376, 377, 201, 363, 366 of the IPC, but societal interest can be balanced by holding that appellant shall remain …

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

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix
1 month, 1 week ago

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix

Live Law  

The Jabalpur bench of the Madhya Pradesh High Court upheld the decision of the trial court to restrict the right of accused to cross-examine the prosecutrix, while noting that the man made "every effort to harass" the woman by continuously seeking adjournments for her cross examination. Ahluwalia in its order said, "It is true that the applicant may suffer irreparable …

CRPC | Magistrate Need Not Pass Detailed Order At Process Issuance Stage, Application Of Mind Is Crucial: J&K High Court
1 month, 2 weeks ago

CRPC | Magistrate Need Not Pass Detailed Order At Process Issuance Stage, Application Of Mind Is Crucial: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that while a formal or reasoned order is not mandatory when a Magistrate issues a process under Sections 190/204 of the Criminal Procedure Code, it is crucial that the Magistrate's order shows an indication of thoughtful consideration of the matter. The Court observed that while there is no requirement for …

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

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
4 months ago

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Live Law  

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code. "As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. …

Negotiable Instruments Act | Court Can Compound Offences U/S 147 Even After Conviction: Himachal Pradesh High Court
4 months ago

Negotiable Instruments Act | Court Can Compound Offences U/S 147 Even After Conviction: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has ruled that under Section 147 of the Negotiable Instruments Act, 1881, offences can be compounded even after the recording of a conviction by the court. Justice Sandeep Sharma delivered this judgment while hearing a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 147 of the Negotiable Instruments Act. …

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court
4 months ago

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently ruled that the inherent powers under Section 482 of the Cr.P.C. The petitioners had also cited the Supreme Court's ruling in Gian Singh v. State of Punjab,, to support their argument that the High Court could quash FIRs even in cases involving compoundable offences. Joshi v. State of Haryana,, to reinforce that the inherent …

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
4 months, 2 weeks ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law  

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
4 months, 3 weeks 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 …

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
5 months ago

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A of the Indian Penal Code. Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of Section 498 of …

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024
5 months, 1 week ago

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024

Live Law  

NOMINAL INDEX State Of U.P. India's Majority Population Would Be In Minority One Day If Conversions In Religious Congregations Not Stopped: Allahabad HC Case title – Kailash vs state of UP 2024 LiveLaw 415 Case citation: 2024 LiveLaw 415 The Allahabad High Court observed that if the current trend of conversions during religious congregations is permitted to continue, the majority …

MP HC junks rape case filed by woman after 10-year-long relationship with man
5 months, 2 weeks ago

MP HC junks rape case filed by woman after 10-year-long relationship with man

The Hindu  

The Madhya Pradesh High Court has quashed a rape case registered on the complaint of a woman against a man, observing that the two were in a relationship for over 10 years out of their “own free will”. However, it does not mean that a rape case could be registered against the petitioner, the court said. “In my opinion, as …

Murder Conviction & Life Imprisonment Of Husband Ground For Divorce On Account Of Mental Cruelty: Madhya Pradesh High Court
6 months, 2 weeks ago

Murder Conviction & Life Imprisonment Of Husband Ground For Divorce On Account Of Mental Cruelty: Madhya Pradesh High Court

Live Law  

Madhya Pradesh High Court has held that the factum of a husband sentenced to life imprisonment in a murder case can be grounds for divorce on account of 'mental cruelty' to the wife. “…Therefore, the conviction of the husband under Section 302 of IPC and sentence of life imprisonment amounts to mental cruelty towards the wife which entails her getting …

Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case
6 months, 3 weeks ago

Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case

Live Law  

The Allahabad High Court has directed the then Additional Chief Judicial Magistrate of Ghaziabad to file his personal affidavit for passing two contradictory orders on the same day in the same case. 8th exception to the persons who can be accused of defamation provides that “it is not defamation to prefer in good faith an accusation against any person to …

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant
7 months ago

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant

Live Law  

The Supreme Court recently quashed the conviction of a man for the offence of stalking and criminal intimidation of the Indian Penal Code after noting that the convict and the complainant married each other during the pendency of the appeal before the Supreme Court.The appellant was tried for the offences of sexual harassment,. The Supreme Court recently quashed the conviction …

Himachal Pradesh High Court Weekly Roundup: May 6 - May 12, 2024
7 months, 1 week ago

Himachal Pradesh High Court Weekly Roundup: May 6 - May 12, 2024

Live Law  

Nominal Index: The State of H.P. Legislative Assembly and others 2024 LiveLaw 23 Judgments/Orders: Mere Plea Of Abandonment Not Sufficient, Employer Has To Prove Specific Notices Were Issued To Workman Asking Him To Join Duty: Himachal Pradesh High Court Case Title: The State of H.P. Interpretation Of Agreement By Arbitrator Cannot Be Interfered Merely Because Another View Could Have Been …

Omnibus Allegations Of Cruelty Under Section 498A IPC Do Not Warrant Prosecution: Telangana High Court
8 months, 2 weeks ago

Omnibus Allegations Of Cruelty Under Section 498A IPC Do Not Warrant Prosecution: Telangana High Court

Live Law  

The Telangana High Court has held that omnibus allegations under Section 498 A of the Indian Penal Code do not warrant prosecution. But, 2 years later, the investigating authority filed an additional charge sheet against the petitioners herein. It is not known why the investigating officer filed the initial charge sheet examining the parents of the third respondent they were …

[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect
8 months, 2 weeks ago

[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect

Live Law  

Madhya Pradesh High Court has iterated that the defect of mentioning incorrect dates of cheque in the complaint cannot be cured since there is no provision in the CrPC to amend the criminal complaint. Justice Verma, therefore, opined that the trial court had committed an error by allowing the application for making amendments to the original complaint filed under Section …

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, 1 week 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 …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
9 months, 1 week ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife
9 months, 2 weeks ago

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife

Live Law  

Madhya Pradesh High Court has imposed Rs 1 Lakh cost on a litigant wife for misusing the process of court by continuing prosecution against the husband and his family even after reaching a settlement and obtaining a decree of divorce by mutual consent. Regarding the allegation levelled against the husband and his octogenarian parents under Section 313 IPC, the court …

HC dismisses IPS officer Ashish Kapoor’s plea seeking transfer of case to another judge
9 months, 3 weeks ago

HC dismisses IPS officer Ashish Kapoor’s plea seeking transfer of case to another judge

Hindustan Times  

The Punjab and Haryana high court has dismissed a plea from IPS officer, Ashish Kapoor, who had challenged a Mohali court order granting pardon to an accused cop and making him an approver against him in a ₹1 crore bribery case. Singh was initially booked with Kapoor an assistant inspector general level officer, on October 6, 2023, as an accused …

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings
10 months, 1 week ago

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings

Live Law  

Noting that the 'doctrine of finality' in judgments has great sanctity, Madhya Pradesh High Court held a second review petition before it arising out of a writ matter to be non-maintainable. Afterwards, turning to the factual matrix of the case, the court proceeded to make the following observations: “…The petitioner has already exhausted remedy of writ petition, writ appeal, review …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
10 months, 1 week ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court
11 months, 1 week ago

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court

India Today  

The Madhya Pradesh High Court recently ruled that a woman refusing to have physical relations with her husband amounts to "mental cruelty" and is a valid ground for him to seek divorce under the Hindu Marriage Act. A division bench of Justices Sheel Nagu and Vinay Saraf set aside the decision of a Bhopal family court in 2014 which had …

Supreme Court Weekly Digest With Subject-Wise, Statute-Wise Index & Nominal Index [October 9 – 15, 2023]
1 year ago

Supreme Court Weekly Digest With Subject-Wise, Statute-Wise Index & Nominal Index [October 9 – 15, 2023]

Live Law  

SUBJECT WISE INDEX Abortion Foetus has no separate identity from its mother; Women can't be forced to undergo pregnancy at risk of physical and mental trauma. Chandra Pratap Singh v. State of M.P., 2023 LiveLaw 870 : 2023 INSC 887 Advocates cannot claim right of legal representation under Industrial Disputes Act: Supreme Court answers reference. Customs Central Excise and Service …

Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court
1 year, 1 month ago

Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court

Live Law  

Expressing its concern against misuse of Section 498A IPC, the Jharkhand High Court recently said that this provision of law is being misused as a weapon, rather than a shield, by 'disgruntled wives'. There is a phenomenal increase in matrimonial disputes in recent years and it appears that in many cases, the object of Section 498-A of the Indian Penal …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 1 month ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

Court Trying The Offence Best Suited To Alter Or Modify Charges Already Framed At An Appropriate Stage: Madhya Pradesh High Court
1 year, 1 month ago

Court Trying The Offence Best Suited To Alter Or Modify Charges Already Framed At An Appropriate Stage: Madhya Pradesh High Court

Live Law  

Observing that the trial court is best placed to alter or modify charges at an appropriate stage, Madhya Pradesh High Court refused to interfere in the trial court’s order that framed charges against an accused under Section 304 of IPC instead of Section 304-A IPC. The single-judge bench of Justice Pranay Verma added that the petitioner/accused would not be put …

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

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court
1 year, 2 months ago

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Live Law  

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot …

Madhya Pradesh High Court Directs All State Courts To Strictly Follow Supreme Court's 'Arnesh Kumar Guidelines'
1 year, 3 months ago

Madhya Pradesh High Court Directs All State Courts To Strictly Follow Supreme Court's 'Arnesh Kumar Guidelines'

Live Law  

The Madhya Pradesh High Court on Wednesday issued a circular for all the Sessions and criminal courts in the state directing them to strictly follow the guidelines issued by the Supreme Court in the 2014 Arnesh Kumar Judgment on arrests. Accordingly, the Madhya Pradesh High Court has issued the following guidelines: 11.1 All the State Governments to instruct its police …

Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court
1 year, 4 months ago

Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court

Live Law  

The Supreme Court observed that in a case involving 149 of the Indian Penal Code, a witness cannot be expected to speak with graphic detail about the specific overt act that can be attributed to each of the accused.In this case, appellants- accused were concurrently convicted under Section 302 read with Sections 149 and 148 of the Indian Penal Code, …

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case
1 year, 4 months ago

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case

Live Law  

The Supreme Court recently asked the Madhya Pradesh High Court to have a relook the case of a judicial aspirant, whose name was deleted from the merit list of the Madhya Pradesh Judicial Services Examination, 2019 due to a "false" criminal complaint. A Division Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia in its order made a prima facie …

Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court
1 year, 4 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 …

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 4 months ago

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses

Live Law  

The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P. and reiterated those guidelines as follows- The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses …

Rape & Murder Of 4-Year-Old: Madhya Pradesh High Court Commutes Convict's Death Penalty To Life Sentence Without Remission
1 year, 4 months ago

Rape & Murder Of 4-Year-Old: Madhya Pradesh High Court Commutes Convict's Death Penalty To Life Sentence Without Remission

Live Law  

Observing that the case does not fall under the category of the rarest of rare, the Madhya Pradesh High Court commuted a convict's sentence of death penalty to life imprisonment without remission, in a case for the murder and rape of a 3 years and 4 month old girl. The division bench of Chief Ravi Malimath and Justice Vishal MIshra …

Madhya Pradesh High Court Dismisses PIL Seeking High Level Enquiry In Patwari Recruitment Scam; Imposes ₹10K Costs
1 year, 4 months ago

Madhya Pradesh High Court Dismisses PIL Seeking High Level Enquiry In Patwari Recruitment Scam; Imposes ₹10K Costs

Live Law  

The Madhya Pradesh High Court has dismissed a Public Interest Litigation which sought high-level enquiry into an alleged scam in recruitment of Patwari by the Madhya Pradesh Employees Selection Board, with rupees ten thousand costs. While finding the petition unmerited, the Division Bench of Justice Sushrut Arvind Dharmadhikari and Justice Hirdesh observed, “In the facts and circumstances of the case, …

Madhya Pradesh High Court Acquits Man Sentenced To Death In 2019 For Rape, Murder Of 3-Year-Old
1 year, 5 months ago

Madhya Pradesh High Court Acquits Man Sentenced To Death In 2019 For Rape, Murder Of 3-Year-Old

Live Law  

The Madhya Pradesh High Court has overturned the death penalty awarded by a trial court in a case involving the rape and murder of a 3-year-old girl. While acknowledging the suspicions surrounding the appellant, the court however ruled that without a clear connection established by the DNA report between the nail cuttings and the appellant's bruises, the accused cannot be …

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