Can't Use S.482 CrPC To 'Short Circuit' Prosecution: Delhi HC Refuses To Quash FIRs Against Woman's Kin Accused Of Outraging Her Modesty
4 days, 21 hours ago

Can't Use S.482 CrPC To 'Short Circuit' Prosecution: Delhi HC Refuses To Quash FIRs Against Woman's Kin Accused Of Outraging Her Modesty

Live Law  

While hearing petitions seeking quashing of FIRs filed by a relative of the accused, the Delhi High Court observed while exercising jurisdiction under Section 482 CrPC the high court would not normally determine whether evidence is reliable as that is the Trial Court's function. Justice Neena Bansal Krishna made these observations while dealing with petitions seeking quashing of FIR under IPC Sections 354, 506, 509 registered against petitioner no. The High Court observed that there are disputes between the complainant and her family and the petitioners over the subject property in respect of which several civil and criminal litigations have been instituted. There may have been inter se litigation, but that cannot be a ground to presume that the allegations made in the Complaint, are inherently improbable or absurd.” The Court opined that the allegations in the FIR did not reflect that they were made maliciously with an ulterior motive of wreaking vengeance on the petitioners.

Delhi Court Fir Complainant Petitioner Petitioners Firs Quash  prosecution  registered  petitioners  complainant  court  womans  hc  allegations  criminal  firs  s482  petitioner  fir  modesty  refuses  outraging  quash  kin  short  property

History of this topic

HC quashes FIR against KTR
6 days, 8 hours ago

HC quashes FIR against KTR

The Hindu  

Justice K. Lakshman of Telangana High Court on Wednesday quashed a criminal case against BRS working president and MLA K.T. Rama Rao, registered over the latter’s alleged objectionable comments made through social media platform X against Chief Minister A. Revanth Reddy. Though punishment for the alleged offence was imposition of fine, the investigating officer approached the Magistrate, secured permission, and …

Writ Petition For Quashing Of FIR Can't Serve As Substitute For Availing Remedies Under BNSS: Delhi High Court
1 week, 5 days 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. …

Bombay High Court Declines To Quash FIR Lodged By Wife Against Husband For Outraging Her Modesty
2 months, 2 weeks 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 …

Bombay High Court Declines To Quash FIR Lodged By Wife Against Husband For Outraging Her Modesty
2 months, 2 weeks 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. A division bench of Justices …

Bombay HC rejects plea by Hindu, Muslim families to quash FIRs against each other
2 months, 2 weeks ago

Bombay HC rejects plea by Hindu, Muslim families to quash FIRs against each other

Op India  

In the first week of January 2025, the Bombay High Court refused to quash two FIRs filed by a Hindu and Muslim family against each other saying that the communal frenzy between the two communities forced both families to launch cross cases against each other. The bench considered both the petitions, one filed by the Hindu family and the other …

When FIR Omits Crucial Facts & They Are Added Later Through S.161 CrPC Statements, It Indicates Afterthought : Supreme Court
2 months, 3 weeks ago

When FIR Omits Crucial Facts & They Are Added Later Through S.161 CrPC Statements, It Indicates Afterthought : Supreme Court

Live Law  

The Supreme Court has held that subsequent mentioning of crucial facts, which the complainant could have stated at the time of lodging of the FIR itself, would raise doubts as it indicates an afterthought.The omission of crucial facts in the FIR cannot be supplemented through witness statements under Section 161 CrPC, the Court held. The Supreme Court has held that …

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
3 months, 3 weeks 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 …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
3 months, 3 weeks 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 …

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court
4 months ago

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court

Live Law  

The Supreme Court is set to hear a petition challenging the Kerala High Court's direction to the police to register FIRs on statements made by women actors to the Justice Hema Committee regarding the abuses they faced in the Malayalam cinema industry on November 25, in which the Kerala Women's Commission has recently filed a counter affidavit.The Commission has filed …

HC refuses to quash second FIR against firm's MD, directors
4 months, 2 weeks ago

HC refuses to quash second FIR against firm's MD, directors

Deccan Chronicle  

New Delhi: The Delhi High Court has refused to quash a cheating and forgery case against the directors and former directors of a private company, saying the investigation is at a nascent stage. The court rejected the plea of the accused, including Managing Director of KJS Cement Ltd Pawan Kumar Ahluwalia, seeking to quash the second FIR registered against them …

Delhi HC asks police to reply to MP Mahua Moitra's plea to quash FIR
7 months, 3 weeks ago

Delhi HC asks police to reply to MP Mahua Moitra's plea to quash FIR

Deccan Chronicle  

New Delhi: The Delhi High Court on Friday asked the city police to respond to Trinamool Congress Lok Sabha MP Mahua Moitra's plea seeking quashing of an FIR against her over an alleged "derogatory" social media remark on NCW chief Rekha Sharma. Besides the FIR, Moitra has also challenged the letters written by Sharma and NCW joint secretary to the …

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution
9 months, 2 weeks ago

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution

Live Law  

Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who did not disclose in the plea that a similar petition was dismissed for "non-prosecution. Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who …

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench
11 months, 1 week ago

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench

Live Law  

The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156 CrPC to investigate a cognizable offence.A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and …

S.468 CrPC | Reckoning Date For Limitation Is The Date Of Filing Final Report, Not Registration Of FIR: Madras High Court
1 year, 1 month ago

S.468 CrPC | Reckoning Date For Limitation Is The Date Of Filing Final Report, Not Registration Of FIR: Madras High Court

Live Law  

The Madras High Court has recently held that the reckoning date for calculating the limitation period under Section 469 of CrPC would be from the date of filing of the final report and not the date of registration of FIR. During the hearing, the Additional Public Prosecutor informed the court that in the first case, the final report had been …

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC
1 year, 3 months ago

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC

Live Law  

The Punjab & Haryana High Court has quashed FIRs against political leaders booked for allegedly violating a Magistrate'sorder promulgated under Section 144 CrPC in 2020.It was alleged that a group of political leaders, including sitting and former MLAs and ministers of Punjab, violated the orders under Section 144 CrPC enforced in Chandigarh in 2020 to curb COVID-19. The Punjab & …

Persons Not Affected By Order Challenged In Revision Petition Not Necessary Parties, Cannot Seek Recourse To Section 401(2) CrPC: Delhi HC
1 year, 3 months ago

Persons Not Affected By Order Challenged In Revision Petition Not Necessary Parties, Cannot Seek Recourse To Section 401(2) CrPC: Delhi HC

Live Law  

While dealing with a plea filed by M/s Bennett Coleman, Justice Amit Sharma of the Delhi High Court recently observed that the words “other persons” under Section 401 CrPC cannot be construed as wide enough to include persons not affected by the order challenged in the revision petition. The petitioners' counsel argued that the words 'accused' or 'other person' in …

Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination
1 year, 6 months ago

Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination

Live Law  

The Calcutta High Court has refused to quash criminal proceedings against a Branch Manager of Standard Chartered bank who had been accused u/s 506 and 509 of the IPC for allegedly threatening an employee who had approached the Labour forum against illegal termination of service. Complainant submitted that the petitioner had threatened her to withdraw her case before the labour …

Allahabad HC Orders Inquiry Into Allegations Against An SHO Of Misbehaving With Women, Beating An Old Man In Police Station
1 year, 6 months ago

Allahabad HC Orders Inquiry Into Allegations Against An SHO Of Misbehaving With Women, Beating An Old Man In Police Station

Live Law  

The Allahabad High Court has ordered the Superintendent of Police, Sultanpur to conduct an inquiry into the allegations levelled against a Station House Officer of misbehaving with certain women and also beating an old man inside the police station.The bench of Justice Sangeeta Chandra and Justice Narendra Kumar Johari passed this order while dealing with a writ plea filed by. …

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR
1 year, 9 months ago

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

Live Law  

Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. The Court was essentially dealing with a criminal writ petition filed by Devendra Singh and 4 others seeking protection from the court after receiving a …

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches
1 year, 10 months ago

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches

Live Law  

The Supreme Court, on Monday, granted time to the Commissioner, Delhi Police to file a counter affidavit in a plea filed by Communist Party of India leader Brinda Karat seeking registration of FIR against BJP leaders Anurag Thakur and Parvesh Verma for allegedly delivering hate speeches in 2020. A bench comprising Justices KM Joseph and BV Nagarathna was considering the …

Calcutta High Court Discharges Widow In FIR Accusing Her Of Marrying A Married Man And Subjecting His Wife To Cruelty
1 year, 10 months ago

Calcutta High Court Discharges Widow In FIR Accusing Her Of Marrying A Married Man And Subjecting His Wife To Cruelty

Live Law  

The Calcutta High Court at Jalpaiguri circuit bench has discharged a widow in an FIR under Sections 498A, 494 and 506 of IPC accusing her of marrying the husband of the complainant, on the ground that materials on record including complaint prima facie revealed that the allegations were levelled against the against the principal accused i.e. The single judge bench …

'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 …

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 …

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 …

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. …

Section 482 CrPC - Complaint Deserves To Be Quashed If If No Offence Is Made Out By A Careful Reading Of It : Supreme Court
2 years, 6 months ago

Section 482 CrPC - Complaint Deserves To Be Quashed If If No Offence Is Made Out By A Careful Reading Of It : Supreme Court

Live Law  

The Supreme Court reiterated that a criminal complaint has to be quashed if if no offence is made out by a careful reading of the complaint.When the complaint itself disclosed nothing more than a commercial relationship which broke, it is not possible to enlarge the scope of his complaint by merely adding the language used in the text of the …

S.227 CrPC | Judge Cannot Act As Mouthpiece Of Prosecution While Deciding Discharge Application, Must Consider Broad Probabilities Of Case: Delhi HC
2 years, 6 months ago

S.227 CrPC | Judge Cannot Act As Mouthpiece Of Prosecution While Deciding Discharge Application, Must Consider Broad Probabilities Of Case: Delhi HC

Live Law  

The Delhi High Court has observed that a judge, in exercise of jurisdiction under Section 227 of CrPC, cannot merely act as the post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before it.Justice Purushaindra Kumar Kaurav added that the Judge …

Using the loopholes: Delhi HC disallows filing of FIRs against BJP leaders
2 years, 8 months ago

Using the loopholes: Delhi HC disallows filing of FIRs against BJP leaders

The Hindu  

Published : Jun 26, 2022 18:00 IST Amid the controversy surrounding a BJP spokesperson’s comments about Prophet Mohammed on national television some weeks ago, which got her suspended from the party, the Delhi High Court passed a recent order that disallowed the filing of FIRs against two prominent leaders of the same party in a different context. On June 13, …

"Judicial System, State Resources Burdened; Litigants Must Be Conscious Of Their Actions": Delhi HC Condemns Lodging FIRs On Frivolous Issues
2 years, 9 months ago

"Judicial System, State Resources Burdened; Litigants Must Be Conscious Of Their Actions": Delhi HC Condemns Lodging FIRs On Frivolous Issues

Live Law  

The Delhi High Court has condemned the practice of lodging FIRs on frivolous and minor issues, adding that the Judicial system and state resources are already heavily burdened and litigants must be conscious of their actions.A single judge bench comprising of Justice Jasmeet Singh added that such an exercise is nothing but an abuse of the process of law which …

If Allegations In FIR Are Not Substantiated, Continuance Of Investigation Is Abuse Of Law: J&K&L High Court Quashes Corruption FIR Against SHO
2 years, 10 months ago

If Allegations In FIR Are Not Substantiated, Continuance Of Investigation Is Abuse Of Law: J&K&L High Court Quashes Corruption FIR Against SHO

Live Law  

The Jammu and Kashmir High Court recently quashed an FIR against a Station House Officer, accused for offences under Section 4-A of J&K Prevention of Corruption Act and Section 120-B RPC. The petitioner-SHO had challenged FIR No.20/2021 for offences under Section 4-A of J&K Prevention of Corruption Act and Section 120-B RPC registered with Police Station, Anti Corruption Bureau, Srinagar. …

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court
2 years, 10 months ago

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed the proceedings initiated under section 156 of the Criminal Procedure Code, wherein the Magistrate court referred the complaint filed for defamation under section 499, 500 of the Indian Penal Code to the police for further investigation.While doing so, the Bench relied on the Apex court judgement in the case of Subramanian Swamy v. Union. …

Allahabad HC Refuses To Interfere With Order Dismissing S. 156 (3) CrPC Plea Seeking FIR Against Kunal Kamra For 'Indian Flag' Tweet
2 years, 10 months ago

Allahabad HC Refuses To Interfere With Order Dismissing S. 156 (3) CrPC Plea Seeking FIR Against Kunal Kamra For 'Indian Flag' Tweet

Live Law  

The Allahabad Hign Court today refused to interfere in a plea challenging a magistrate's order dismissing an application filed under Section 156 CrPC seeking FIR against stand-up comedian Kunal Kamra for his tweet, which allegedly insulted the Indian flag.Kamra had tweeted a morphed picture of the Supreme Court replacing the tricolor atop it with the flag of a political party.It …

S.482 CrPC | Criminal Proceedings Can't Be Quashed If Specific Accusations Made Against Accused, Can't Conduct Roving Inquiry: Andhra Pradesh HC
2 years, 10 months ago

S.482 CrPC | Criminal Proceedings Can't Be Quashed If Specific Accusations Made Against Accused, Can't Conduct Roving Inquiry: Andhra Pradesh HC

Live Law  

The Andhra Pradesh high Court reiterated that when there are specific accusations in the FIR, charge sheet and witness statement to police, the court does not have the jurisdiction to embark upon appreciation of material in a petition under Section 482 of CrPC. Justice K. Sreenivasa Reddy observed: "Prima facie when an accusation has been made, this Court would not …

Partial Quashing Of FIR Only Qua Accused With Whom Complainant Has Settled Matter Permissible: Delhi High Court
2 years, 11 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 …

Mere Fact That FIR Was Lodged As A Counterblast Not Ground To Quash It U/S 482 CrPC: Andhra Pradesh High Court
3 years, 1 month ago

Mere Fact That FIR Was Lodged As A Counterblast Not Ground To Quash It U/S 482 CrPC: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently ruled that the mere fact that FIR was lodged against the accused as a counter blast by itself cannot be a ground to quash the FIR under Section 482 of CrPC. Whether the allegations are false or not and whether the report was lodged as a counter blast to the report lodged by the …

Section 482 CrPC - 'There Has To Be Some Factual Supporting Material For FIR Allegations': Supreme Court Quashes Criminal Proceedings
3 years, 1 month ago

Section 482 CrPC - 'There Has To Be Some Factual Supporting Material For FIR Allegations': Supreme Court Quashes Criminal Proceedings

Live Law  

At least there has to be some factual supporting material for what has been alleged in the FIR, the Supreme Court observed while quashing criminal proceedings against a woman.The case of the complainant as recording in the FIR was as follows: The accused entered into marriage with the complainant's brother on 11th December, 2016, and thereafter she started to harass …

Discrepancies Between FIR And Subsequent Statement Under Section 164 CrPC Not A Ground For Discharge : Supreme Court
3 years, 1 month ago

Discrepancies Between FIR And Subsequent Statement Under Section 164 CrPC Not A Ground For Discharge : Supreme Court

Live Law  

The Supreme Court observed that discrepancies between the FIR and any subsequent statement under Section 164 of the CrPC cannot be a ground for discharge without initiation of trial.Such discrepancies may be a defence during the trial, the bench comprising Justices Indira Banerjee and JK Maheshwari noted.In this case, a charge sheet was filed implicating the accused under various sections …

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court
3 years, 1 month ago

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court

Live Law  

The Supreme Court reiterated that the jurisdiction to quash under Section 482 of Code of Criminal Procedure can be exercised only if no offence is made out on reading the allegations in the FIR as they stand.The allegation of the complainant in this case, was that at the time of the marriage, the mother in law and brother in law …

Uncivil Remark But No IPC Offence: Madras High Court Quashes FIR Over FB Post Against General Bipin Rawat
3 years, 1 month ago

Uncivil Remark But No IPC Offence: Madras High Court Quashes FIR Over FB Post Against General Bipin Rawat

Live Law  

The Madras High Court has quashed an FIR registered against a man over a Facebook post made by him against Late CDS General Bipin Rawat soon after his death in the helicopter crash on December 8, 2021.The single bench of Justice GR Swaminathan condemned the act of the accused G.Sivarajaboopathi in harsh terms but quashed the FIR observing that the …

Second FIR On Same Incident Is Abuse Of Process Of Law, May Be Quashed Without Awaiting Final Report U/S 173 CrPC: Punjab & Haryana HC
3 years, 2 months ago

Second FIR On Same Incident Is Abuse Of Process Of Law, May Be Quashed Without Awaiting Final Report U/S 173 CrPC: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has held that if a second FIR is registered regarding an incident on which a prior FIR already exists, it amounts to abuse of process of law and the High Court is well within its powers under Section 482 CrPC to quash the same, without awaiting a final report under Section 173 CrPC. The …

S. 482 CrPC| Can't Appreciate Evidence In Quashing Petition: Karnataka High Court Reiterates
3 years, 2 months ago

S. 482 CrPC| Can't Appreciate Evidence In Quashing Petition: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that a Court hearing a petition for quashing of FIR/ charge sheet under Section 482 CrPC cannot appreciate evidence as the same lies within the domain of the trial Court. Justice Sreenivas Harish Kumar said, "It is a settled principle that while deciding the petition under Section 482 of Cr.P.C, evidence cannot be appreciated …

Delhi HC refuses to quash rape FIR after settlement, marriage of both parties
3 years, 2 months ago

Delhi HC refuses to quash rape FIR after settlement, marriage of both parties

Op India  

The Delhi High Court has refused to dismiss an FIR filed against a government employee charged with rape, stating that such an FIR cannot be dismissed on the basis of a settlement reached between the parties and their subsequent marriage because it does not absolve the claimed violation. The Court noted that, while both parties had reached an amicable settlement …

Court Refuses To Order FIR Against Nawab Malik For Violating Covid Norms On BJP Leader's Complaint
3 years, 3 months ago

Court Refuses To Order FIR Against Nawab Malik For Violating Covid Norms On BJP Leader's Complaint

Live Law  

In a relief for Maharashtra cabinet minister Nawab Malik, a Mumbai court has refused to order registration of an FIR against him and others for violating Covid norms and "inviting the public en masse to Sewree Magistrate's court on November 29 at 10am." According to the complaint filed through advocate Faiz Merchant, Malik's "agents and party workers effected social media …

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court
3 years, 6 months ago

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court

Live Law  

Observing that an offence of Attempt To Murder will fall under the category of heinous offence, and therefore, has to be treated as a crime against society, the Delhi High Court on Monday refused to quash an FIR registered for an offence under 307/34 IPC. Court's observations At the outset, the Court noted that there was a conflict of opinions …

Victim Of Sexual Offence Can't Have Any Locus To Approach Court For Quashing Of FIR: Himachal Pradesh High Court
3 years, 6 months ago

Victim Of Sexual Offence Can't Have Any Locus To Approach Court For Quashing Of FIR: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently observed that a victim of a sexual offence cannot have any locus standi to approach the Court for quashing of FIR registered for the sexual assault which she had faced. The Bench of Justice Anoop Chitkara was hearing a petition of a rape victim, wherein she sought quashing of FIR registered at her instance …

"Subsequent Marriage Between Man & Woman Does Not Waive Off Offence Of Rape": Delhi HC Refuses To Quash Rape FIR
3 years, 7 months ago

"Subsequent Marriage Between Man & Woman Does Not Waive Off Offence Of Rape": Delhi HC Refuses To Quash Rape FIR

Live Law  

The Delhi High Court recently refused to quash an FIR involving rape charges against a man after observing that subsequent marriage between a man and a woman does not waive off the offence of rape.A single judge bench comprising of Justice Mukta Gupta dismissed the petition filed by a man seeking quashing of FIR registered under sec. 2 does not …

A Second FIR Based On The Very Same Allegations Cannot Be Registered When The First FIR Has Been Quashed On Merits: Kerala High Court
3 years, 9 months ago

A Second FIR Based On The Very Same Allegations Cannot Be Registered When The First FIR Has Been Quashed On Merits: Kerala High Court

Live Law  

The Kerala High Court while dismissing a petition on Tuesday ruled that a second FIR based on the very same allegations cannot be registered, more so when the first FIR has been quashed on merits. V. S. Achuthanandan, the former Chief Minister of Kerala, approached the Court against the order of the Enquiry Commissioner and Special Judge, Thiruvananthapuram dismissing the …

It Is Now Becoming A Trend To Register FIRs Alleging Sexual Harassment Cases To Force a Party To Withdraw Complaint Or To Arm Twist A Party:Delhi HC
4 years ago

It Is Now Becoming A Trend To Register FIRs Alleging Sexual Harassment Cases To Force a Party To Withdraw Complaint Or To Arm Twist A Party:Delhi HC

Live Law  

Ruling that time has come to initiate action against persons who file frivolous complaints under Sections 354, 354A, 354B, 354C, 354D IPC etc. The Bench of Justice Subramonium Prasad sternly remarked that it is now becoming a trend to register FIRs alleging offences under Sections 354, 354A, 354B, 354C, 354D IPC either to force a party from withdrawing a complaint …

Delhi High Court Issues Notice On Pleas By 10 Indian Nationals Seeking Quashing Of FIRs Related To Tablighi Jamaat
4 years, 2 months ago

Delhi High Court Issues Notice On Pleas By 10 Indian Nationals Seeking Quashing Of FIRs Related To Tablighi Jamaat

Live Law  

The Delhi High Court has issued notice on a plea seeking the quashing of FIRs related to the Tablighi Jamaat incident against 10 Indian nationals. The court has sought the Delhi government's response on the Section 482 CrPC application. 74/2020 registered under Sections 188, 269, 270, 120-B of the Indian Penal Code,1860.The petitioners state. The petitioners also claimed that a …

Discover Related