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

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

Live Law  

Rajasthan High Court quashed an FIR filed by the police on directions from the CJM based on a complaint under Section 175, BNSS, calling it a “rubber-stamp decision making” and observing complete judicial oversight on part of the CJM. “Magistrates must also meticulously ascertain the truthfulness and credibility of the allegations, corroborating them with supporting material before taking action Criminal Complaints in family disputes should not be entertained casually or without due scrutiny, as this may lead to undue harassment. Criminal courts must not serve as tools for personal vendettas or to gain unwarranted advantages.” An FIR was registered against a son-in-law, daughter and a daughter-in-law based on a complaint sent by post to the Magistrate under Section 175 by an elderly woman for the offence of cheating. Merely accepting the police's findings and criminalising a family dispute is a complete judicial oversight…A proactive approach by asking for supporting documentation would have ensured procedural fairness/any miscarriage of justice and judicial independence rather than point blank acceptance of police version.” The Court further ruled Section 175 balanced an effective and fair investigation of cognizable offences and the need for judicial vigilance.

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History of this topic

If Alleged Acts Constitute An Offence, Denying Criminal Action Solely Due To Pursuit Of Civil Remedy Would Be 'Travesty Of Justice': Kerala HC
1 week, 4 days ago

If Alleged Acts Constitute An Offence, Denying Criminal Action Solely Due To Pursuit Of Civil Remedy Would Be 'Travesty Of Justice': Kerala HC

Live Law  

The Kerala High Court has held that it would be travesty of justice to deny parties from approaching criminal courts to initiate proceedings against offenders solely because they had pursued a civil remedy by filing a suit, particularly when the alleged acts also constitute specific criminal offences. It would amount to travesty of justice to shut out the doors of …

Suit Seeking Declaration Of Matrimonial Status Is To Be Adjudicated By Family Court: Karnataka High Court
3 weeks, 6 days ago

Suit Seeking Declaration Of Matrimonial Status Is To Be Adjudicated By Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has held that a suit relating to the declaration of a matrimonial status of any person would be a suit falling within the scope of Section 7 of the Family Courts Act and the family court would have jurisdiction to adjudicate them. Relying on the judgment of the High Court in the case of Bhuvaneshwari vs. …

Courts Must Be Pragmatic In Criminal Cases Arising From Matrimonial Disputes, Tendency To Implicate Husband & His Relatives Not Uncommon: Calcutta HC
1 month, 1 week ago

Courts Must Be Pragmatic In Criminal Cases Arising From Matrimonial Disputes, Tendency To Implicate Husband & His Relatives Not Uncommon: Calcutta HC

Live Law  

The Calcutta High Court has held that since it is not uncommon for a husband and his family members to be implicated in criminal cases arising out of a matrimonial dispute, the courts adjudicating on such matters shall take into account pragmatic realities. The brief facts of the case of are that both petitioners, who were sisters of the accused …

Supreme Court orders ’gold-greedy’ groom to pay ₹3 lakh to bride as harassment compensation, 19 years after marriage
1 month, 3 weeks ago

Supreme Court orders ’gold-greedy’ groom to pay ₹3 lakh to bride as harassment compensation, 19 years after marriage

Live Mint  

The Supreme Court has asked a man to pay ₹three lakh in compensation to his bride, whom he harassed for dowry, following a 19-year legal battle, reported Times of India. Incidentally, the couple's marriage ended within just three days after the groom demanded dowry, which led to his conviction and an eventful jail time, added the report. According to the …

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs
3 months ago

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs

Live Law  

Rajasthan High Court imposed a cost of Rs. 50,000 on a father-in-law for filing a “baseless” writ petition seeking removal of his daughter-in-law from the post of patwari on the grounds of a pending FIR against her filed by him alleging her of abetting his son's suicide. The Court was hearing a writ petition filed by the petitioner seeking a …

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 …

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

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

Hindustan Times  

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

'Bhangi', 'Neech', 'Bhikhari', 'Mangani', Not Caste Names: Rajasthan High Court Drops Charges Under SC/ST Act
4 months, 1 week ago

'Bhangi', 'Neech', 'Bhikhari', 'Mangani', Not Caste Names: Rajasthan High Court Drops Charges Under SC/ST Act

Live Law  

The Jodhpur bench of the Rajasthan High Court dropped charges under the SC/ST Act against four men accused of using words like 'Bhangi', 'Neech', 'Bhikhari', 'Mangani' while addressing certain individuals, ruling that these words were not caste names and neither was there an allegation that the four men knew the castes of the latter. A single judge bench of Justice …

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

HC fines Jagadhri woman with ₹1 lakh for delaying withdrawal of criminal case despite settlement
6 months, 1 week ago

HC fines Jagadhri woman with ₹1 lakh for delaying withdrawal of criminal case despite settlement

Hindustan Times  

The Punjab and Haryana high court has imposed a fine of ₹one lakh on a Haryana woman for dillydallying on withdrawal of criminal proceedings against her estranged husband even after a settlement leading to divorce decree by mutual consent. In August 2023, the husband withdrew the petition seeking quashing of FIR as the woman submitted that he had not honoured …

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'
8 months, 1 week ago

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'

Live Law  

The Rajasthan High Court has granted bail to an accused charged for rape under IPC as well as POCSO Act, primarily looking at a representation made by the prosecutrix to the Superintendent of Police that revealed that the rape case was merely a façade created by her to malign her own image so that her husband abandons her. For this …

HC quashes dowry harassment case against sister-in-law, upholds charges against mother-in-law
8 months, 3 weeks ago

HC quashes dowry harassment case against sister-in-law, upholds charges against mother-in-law

Hindustan Times  

MUMBAI: The Bombay high court recently quashed charges against a sister-in-law, accused of dowry harassment and cruelty, while holding the victim’s mother-in-law responsible for playing a significant role in making repeated demands for money and subjecting the victim to physical harassment. The victim, who married into the Yadav family on May 5, 1996, in Mumbai, claimed that her husband and …

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

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

Live Law  

The Rajasthan High Court has reiterated that availing a civil remedy does not by itself become grounds to quash a criminal complaint filed concerning facts which not only make out a civil wrong but a criminal offence as well. The Court said: “Merely on account of the fact that complainant had a civil remedy as also has availed that remedy, …

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas
9 months ago

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas

Live Law  

Rajasthan High Court has denied anticipatory bail to the person charged under five different FIRs for forging “pattas” that were never actually issued by the Ajmer Development Authority and taking lakhs of rupees from complainants to distribute these fabricated pattas and documents. A bench of Justice Anoop Kumar Dhand said, “While considering an application for grant of anticipatory bail, no …

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
11 months, 1 week ago

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

Live Law  

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

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries
11 months, 2 weeks ago

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries

Live Law  

An FIR has been lodged against a Judicial Magistrate in Rajasthan alleging that he asked a Dalit gang rape survivor to strip in the court to show her injuries. According to Hindustan Times, the survivor had filed a complaint on March 30 alleging that the Hindaun Court Magistrate Ravindra Kumar “asked her to strip in order to see her injuries.” …

Rajasthan magistrate asks rape survivor to strip, case filed
11 months, 2 weeks ago

Rajasthan magistrate asks rape survivor to strip, case filed

India Today  

Police have booked a magistrate in Karauli district for allegedly asking a Dalit rape victim to strip to show her injuries, an officer on Wednesday said. Deputy SP cell Mina Meena said that the victim had filed a complaint on March 30 alleging that the Hindaun court magistrate asked her to strip in order to see her injuries. According to …

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court
1 year, 11 months ago

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court

Live Law  

The Kerala High Court recently held that before initiating prosecution for perjury, the court must be convinced that it is expedient in the interest of justice to enquire into the offence. Sudha observed that : “in order to initiate prosecution for perjury, the Court must prima facie reach a conclusion that there has been a deliberate and conscious effort to …

'False FIRs Becoming A Trend': Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Complainant
2 years ago

'False FIRs Becoming A Trend': Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Complainant

Live Law  

In a recent judgment, the Punjab and Haryana High Court noted how it has become a common practice to abuse the legal system by filing fictitious FIRs in order to please one's ego, which ultimately results in the wastage of the taxpayer funds because of the false FIR filed by the complainant. Referring to a report by the Chief Judicial …

Punjab & Haryana HC Denies Bail To Gurgaon Woman Who Filed 9 FIRs Against Different Men Alleging Sexual Offences
2 years, 3 months ago

Punjab & Haryana HC Denies Bail To Gurgaon Woman Who Filed 9 FIRs Against Different Men Alleging Sexual Offences

Live Law  

The Punjab and Haryana High Court has denied bail to a Gurgaon woman who lodged 9 FIRs within a span of around 14 months accusing different boys of committing sexual offences with her, purportedly to extort money from them. A single bench of Justice Ashok Kumar Verma was informed that in 3 cases, proceedings under Section 182 of IPC were …

[Matrimonial Dispute] If Left Unchecked, False Implication Of Husband's Relatives Would Result In Misuse Of Process Of Law: Telangana HC
2 years, 7 months ago

[Matrimonial Dispute] If Left Unchecked, False Implication Of Husband's Relatives Would Result In Misuse Of Process Of Law: Telangana HC

Live Law  

Taking a serious view of the trend of false implication of the relatives of the husband in matrimonial disputes, the Telangana High Court recently observed that, the false implication of the relatives of the husband in matrimonial disputes based on general and omnibus allegations, if left unchecked would result in misuse of the process of law.With this, the bench of …

Case Has Traits Of Civil Dispute: Punjab & Haryana High Court Asks Police To Stop Registering FIRs In Civil Matters [Read Order]
4 years, 4 months ago

Case Has Traits Of Civil Dispute: Punjab & Haryana High Court Asks Police To Stop Registering FIRs In Civil Matters [Read Order]

Live Law  

The Punjab and Haryana High Court on Friday asked the Police authorities to look into the process of registering FIRs in the State and ensure that matters involving civil disputes are not given the colour of a criminal case. In order to avoid harassment in the matters involving civil disputes, it is need of the hour that the police department …

Allegations In Matrimonial Case Can Lead To Criminal Defamation: Karnataka HC [Read Judgment]
4 years, 5 months ago

Allegations In Matrimonial Case Can Lead To Criminal Defamation: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has convicted a woman under section 500 of Indian Penal Code on the finding that the statements made by her against her husband before the Family Court in a matrimonial case amounted to 'criminal defamation'. The Court held that pleadings filed in court and depositions made in the case amount to 'publication' within the meaning of …

M.P. High Court asks sexual harassment accused to request victim to tie him ‘rakhi’
4 years, 7 months ago

M.P. High Court asks sexual harassment accused to request victim to tie him ‘rakhi’

The Hindu  

The Indore Bench of the Madhya Pradesh High Court has granted bail to a man accused of sexual harassment on the condition that he will request the complainant to tie a ‘rakhi’ on him on Monday with a promise to protect her “to the best of his ability for all times to come”. Further, Justice Rohit Arya on July 30 …

Rajasthan HC Directs Registry To Not Entertain Appeals Under SC/ST Act Unless Victim Is Impleaded As A Party [Read Order]
4 years, 7 months ago

Rajasthan HC Directs Registry To Not Entertain Appeals Under SC/ST Act Unless Victim Is Impleaded As A Party [Read Order]

Live Law  

The Rajasthan High Court has directed its Registry to ensure that appeals preferred under the Scheduled Castes/ Scheduled Tribes Act are instituted only after the complainant/ victim in the case is impleaded as a Respondent-party. 'Victim' Under SC/ST Act Includes Parents & Family Members Of Person Suffering Injuries Of The Crime : Karnataka HC In view of the aforementioned provisions, …

Personal Presence Of Complainant Not Mandatory At The Time Of Filing When Party Is Represented By Advocate : Karnataka HC [Read Order]
4 years, 9 months ago

Personal Presence Of Complainant Not Mandatory At The Time Of Filing When Party Is Represented By Advocate : Karnataka HC [Read Order]

Live Law  

The Karnataka High Court has held that when a written complaint as contemplated by clause of sub section 1 of section 190 of Criminal Procedure Code is filed and when the complainant is represented by the advocate the courts of magistrate cannot insist upon presence of complainant at the time of filing of the complaint. A division bench of Chief …

[17A PC Act] Before Initiating Any Inquiry/Investigation Against A Public Servant, Prior Sanction Of Govt. Mandatory: Rajasthan HC [Read Judgment]
4 years, 11 months ago

[17A PC Act] Before Initiating Any Inquiry/Investigation Against A Public Servant, Prior Sanction Of Govt. Mandatory: Rajasthan HC [Read Judgment]

Live Law  

Rajasthan High Court on Tuesday held that where investigation based on a private complaint for corruption cannot be conducted against public servants for want of "sanction to prosecute" from the government, the complaint cannot stand against private individuals also. As the public servants cannot be prosecuted in this mater, registration of the FIR by the Anti Corruption Bureau against the …

Rajasthan HC Directs District Judges To Submit Details Of FIRs In Crimes Against Women And Children [Read Order]
5 years, 7 months ago

Rajasthan HC Directs District Judges To Submit Details Of FIRs In Crimes Against Women And Children [Read Order]

Live Law  

The High Court of Rajasthan has directed all District Judges within its jurisdiction to make a tabular compilation of FIRs registered within their jurisdictions, on a direction given under Section 156 of Cr.P.C., for offences committed against women and children.Section 156 of CrPC empowers a Magistrate, so empowered to take cognizance under section 190, to order the registration of FIR. …

Bombay HC Refuses To Interfere With Family Court Order Directing 75-Yr-Old To Pay Rs.1L Compensation To 72-Year-Old Wife Under DV Act [Read Order]
5 years, 11 months ago

Bombay HC Refuses To Interfere With Family Court Order Directing 75-Yr-Old To Pay Rs.1L Compensation To 72-Year-Old Wife Under DV Act [Read Order]

Live Law  

The Bombay High Court recently refused to interfere with an order of the family court directing a 75-year-old man to pay Rs.1 lakh in compensation to his 72-year-old wife under the Protection of Women from Domestic Violence Act, 2005. A division bench of Justice Akhil Kureshi and Justice Sarang Kotwal denied relief to Subhash Anand, the appellant husband who challenged …

Rajasthan HC Re-Ignites Hope For Police Aspirant With Pending Criminal Proceedings [Read Judgment]
6 years, 2 months ago

Rajasthan HC Re-Ignites Hope For Police Aspirant With Pending Criminal Proceedings [Read Judgment]

Live Law  

The Rajasthan High Court recently re-ignited the hopes of a police aspirant, who was denied the job as a Constable because of the pendency of criminal proceedings against him. The order was issued by Justice Alok Sharma, who pointed out that the criminal proceedings pending against the petitioner pertained to a family dispute, devoid of any moral turpitude, and hence, …

Supreme Court says no dowry complaint can be filed post-divorce
6 years, 6 months ago

Supreme Court says no dowry complaint can be filed post-divorce

Deccan Chronicle  

New Delhi: The Supreme Court has held that prosecution of husband and his family members under Section 498 A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act is not sustainable when the complaint is filed by the wife long after the divorce. Giving this ruling a bench of Justices S. A. Bobde and …

Dowry case: father-in-law’s trial ordered
6 years, 8 months ago

Dowry case: father-in-law’s trial ordered

The Hindu  

A Delhi court has ordered framing of dowry harassment and misappropriation of dowry articles charges and trial of the victim’s father-in-law. The counsel for Mr. Singh submitted that the complainant had levelled sweeping allegations against the revisionist and his son without disclosing the date on which the dowry articles were allegedly entrusted to them. Court’s observation However, Additional Sessions Judge …

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties[Read Judgment]
7 years, 5 months ago

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties[Read Judgment]

Live Law  

A three-Judge Bench of the Supreme Court has summarized the principles that need to be kept in mind by the High Courts while considering a plea for quashing an FIR/ Criminal Proceedings under Section 482 of the Code of Criminal Procedure on the ground of settlement between parties.The Bench comprising Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and …

Rajasthan HC Quashes FIR Against Lawyer For Allegedly Rendering Wrong Legal Advice To Bank [Read Order]
7 years, 6 months ago

Rajasthan HC Quashes FIR Against Lawyer For Allegedly Rendering Wrong Legal Advice To Bank [Read Order]

Live Law  

The Rajasthan High Court, last week, quashed an FIR filed by a Bank alleging wrong legal advice by a lawyer in the form of a forged search report for grant of loan.The Court was hearing a Petition filed by Mr. Rajendra Singh under Section 482 of the Cr.P.C. The Rajasthan High Court, last week, quashed an FIR filed by a …

498A- Gujarat HC Deprecates The Practice Of Adding All Family Members Of Husband As Accused, Quashes FIR [Read Judgment]
7 years, 11 months ago

498A- Gujarat HC Deprecates The Practice Of Adding All Family Members Of Husband As Accused, Quashes FIR [Read Judgment]

Live Law  

The Gujarat High Court in Natubahi Somabhai Rohit & others vs. State of Gujarat held that allegations in the complaint must be specific and should contain necessary ingredients to make out the offence u/s 498A of IPC.Justice N.V. Anjaria was considering a criminal miscellaneous Application u/s 482 of Cr.P.C. The Gujarat High Court in Natubahi Somabhai Rohit & others vs. …

Dowry Complaints Must Be Approached Cautiously As That’s Serious Matter For Accused: Punjab & Haryana HC [Read Judgment]
8 years, 5 months ago

Dowry Complaints Must Be Approached Cautiously As That’s Serious Matter For Accused: Punjab & Haryana HC [Read Judgment]

Live Law  

The allegations against the petitioners are vague, omnibus and general in nature and appear to have been made out of frustration just to widen the net and continuation of proceedings against the petitioners on the basis of such bald and baseless allegations is nothing but an abuse of process of law. The High Court of Punjab & Haryana in Daljit …

Punjab and Haryana HC’s word of caution to trial courts on dowry complaints
8 years, 5 months ago

Punjab and Haryana HC’s word of caution to trial courts on dowry complaints

Hindustan Times  

It can’t be forgotten that there is a tendency to rope in the relatives of the husband in a matrimonial dispute, the Punjab and Haryana high court has said, cautioning the magistrates that they were required to scrutinise the evidence and ask questions to the complainant and the witnesses to find out the truth. The high court bench of justice …

FIR alleging rape can be quashed where accused and victim compromise and are happily married: Punjab and Haryana High Court
9 years, 10 months ago

FIR alleging rape can be quashed where accused and victim compromise and are happily married: Punjab and Haryana High Court

Live Law  

Justice Raj Mohan Singh of Punjab and Haryana High Court has held that FIR alleging rape, during subsistence of love affair between couples, can be quashed on the basis of compromise and subsequent marriage of the couple.The Court was hearing a petition for quashing of FIR alleging rape, filed in 2014 at Police Station City Sunam, District Sangrur on the …

Karnataka HC refuses to quash criminal cases against Vijay Mallya
11 years, 2 months ago

Karnataka HC refuses to quash criminal cases against Vijay Mallya

Firstpost  

The Karnataka High Court today refused to quash criminal cases filed against liquor baron Vijay Mallya by Income Tax Department for non-remittance of tax deducted at source by Kingfisher Airlines Limited. A Special Economic Offences Court here had initiated criminal proceedings last year based on I-T Department’s three separate complaints. With the dismissal of petitions, the stay granted earlier by …

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