Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent
2 years, 3 months ago

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

Live Law  

The Supreme Court, in an judgment passed yesterday, quashed criminal proceedings against an accused in a cheating case after noticing that the complainant in fact availed civil remedy.The court however clarified that this order in the facts and circumstances of the present case and the same shall not be cited as a precedent.In this case, the complainant alleged that his signature on a sale. The Supreme Court, in an judgment passed yesterday, quashed criminal proceedings against an accused in a cheating case after noticing that the complainant in fact availed civil remedy. For Respondent Mr. S. Udaya Kumar Sagar, AOR Ms. Sweena Nair, Adv Headnotes Code of Criminal Procedure, 1973 ; Section 482 - Complainant alleged that his signature on a sale deed has been forged - Later filed civil suit seeking cancellation of sale deed - High Court refused to quash the complaint - While allowing the appeal, the Supreme Court said : A complaint disclosing civil transaction may also have a criminal texture. In such a situation, if civil remedy is available and is in fact adopted, the High Court should have quashed the criminal proceeding to prevent abuse of process of court - This order will not come in the way of instituting appropriate proceedings in future in case the Civil Court comes to the conclusion that the disputed sale deed is forged shall not be cited as a precedent.

Court Civil Criminal Criminal Procedure Sale Criminal Proceedings Accused High Proceedings Complainant Alleged This Case This Order His Signature Deed Civil Remedy Precedent Case  quashes  sale  accused  civil  precedent  case  criminal  alleged  order  deed  court  complainant  supreme  treated  proceedings  high  remedy

History of this topic

Magistrate Can't Direct FIR Registration Under S.156(3) CrPC If Complainant Didn't Approach Police Before u/s 154(1) & 154(3) : Supreme Court
4 days ago

Magistrate Can't Direct FIR Registration Under S.156(3) CrPC If Complainant Didn't Approach Police Before u/s 154(1) & 154(3) : Supreme Court

Live Law  

The Supreme Court has reiterated that before a complainant can seek a Magistrate's direction under Section 156 of the CrPC to register an FIR and investigate a cognizable offence, they must first exhaust the remedies under Sections 154 and 154 of the CrPC. Only after these steps are taken and the remedies under Section 154 are exhausted can the complainant …

Negotiable Instruments Act | Complainant Can Prefer Appeal Against Acquittal Order Before Sessions Court: Karnataka High Court
2 weeks, 4 days ago

Negotiable Instruments Act | Complainant Can Prefer Appeal Against Acquittal Order Before Sessions Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a complainant in a case under the Negotiable Instruments Act, can file an appeal against an acquittal order before the Sessions Court and need not approach the high court. In the present case, Justice S Rachaiah referred to Section 378 of CrPC which states that if an order of acquittal is passed in …

Karnataka HC agrees to examine plea against its rules that allows destruction of court’s records periodically
2 weeks, 5 days ago

Karnataka HC agrees to examine plea against its rules that allows destruction of court’s records periodically

The Hindu  

The High Court of Karnataka has ordered the issue of a notice to its registry, the Central and State governments on a PIL petition, which has questioned the constitutional validity of the court’s rules that permit the destruction records of the cases after preserving them for 30 years and five years for different categories of records. Court of record Advocate …

Telangana HC orders action over land grab bid
1 month ago

Telangana HC orders action over land grab bid

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court took on file a writ appeal qua alleged encroachment of government land at Indranagar in Gachibowli. The single judge considering the arguments said that authorities were required to firstly protect the government land from being encroached; secondly, by ensuring that no unauthorised and illegal construction comes up therein and thirdly, when …

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise
1 month, 2 weeks ago

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise

Live Law  

The Supreme Court recently dismissed a cheating case against the parents for facilitating the marriage of their son to another woman instead of the complainant. The Court also disapproved of the High Court's observation against the appellants' son, which suggested that quashing the case against his parents would enable him to exploit women of marriageable age in a similar manner. …

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC
1 month, 2 weeks ago

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

Live Law  

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

'Protection Was Not There On Date Of Offence': Supreme Court Questions Former Karnataka CM's HD Kumaraswamy's Plea
1 month, 3 weeks ago

'Protection Was Not There On Date Of Offence': Supreme Court Questions Former Karnataka CM's HD Kumaraswamy's Plea

Live Law  

The Supreme Court today briefly heard a Special Leave Petition filed against the Karnataka High Court's order refusing to quash a criminal case registered against former Chief Minister of Karnataka, H D Kumaraswamy, in which it is alleged that he denotified two different plots of land acquired by the Bangalore Development Authority, during his tenure as Chief Minister. The Supreme …

Telangana High Court Closes 66-Years Old Land Dispute On 'Non-Existent Properties'
2 months ago

Telangana High Court Closes 66-Years Old Land Dispute On 'Non-Existent Properties'

Live Law  

The Telangana High Court recently put an end to a long pending dispute regarding the Asman Jahi Estate–belonging to a noble family from the erstwhile State of Hyderabad–after noting that the litigation in respect of non-existent properties had gone on 66 years. “In the instant case, admittedly, there is no material to indicate that the properties mentioned at serial No.230 …

Telangana HC Slams AP, Telangana for Delay in Margadarsi Case
2 months, 2 weeks ago

Telangana HC Slams AP, Telangana for Delay in Margadarsi Case

Deccan Chronicle  

HYDERABAD: The Telangana High Court on Friday expressed anger at the Telangana and Andhra Pradesh governments for the delay in submitting their contentions on the criminal proceedings against Margadarsi Financiers and its chairman, the late Ch. After re-commencing hearing in June 2024, following the directions of the Supreme Court, the Telangana High Court directed the Telangana and AP governments to …

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court
2 months, 3 weeks ago

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court

Live Law  

The Supreme Court observed that apart from exercising its power to quash a criminal case under Section 482 Cr.P.C., the High Court can also exercise powers under Article 226 of the Constitution to quash the criminal case to prevent misuse of the law. “It is true that normally, quashing of criminal proceedings would be sought and would be done in …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
2 months, 3 weeks ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

HC gives relief to the Speaker in 2019 case
2 months, 3 weeks ago

HC gives relief to the Speaker in 2019 case

Deccan Chronicle  

Hyderabad:In a relief to Telangana Assembly Speaker Gaddam Prasad Kumar, the Telangana High Court quashed the proceedings filed against him for the crime registered during the 2019 Lok Sabha elections. G. Prasad Kumar, who served as an MLA until 2018, along with Konda Vishwesheshwar Reddy, T. Ram Mohan Reddy, former MLA Pargi, Pilot Rohit Reddy, MLA Tandur, A. Sudhakar Reddy, …

Telangana High Court Quashes FIR Against Junior Civil Judges Accused Under SC/ST Act By Colleague
3 months ago

Telangana High Court Quashes FIR Against Junior Civil Judges Accused Under SC/ST Act By Colleague

Live Law  

The Telangana High Court has granted relief to two Junior Civil Judges in a long pending case of 10 years, wherein they were charged under Section 3 of the Scheduled Castes and Scheduled Tribes Act, 1989. “It is pertinent to mention that respondent No.5 has lodged a complaint against the petitioners on 09.10.2015, subsequent to the report submitted by the …

Telangana Legal Briefs | HC quashes criminal case against 3 judicial officers
3 months ago

Telangana Legal Briefs | HC quashes criminal case against 3 judicial officers

Deccan Chronicle  

Hyderabad: The Telangana High Court has quashed a criminal case against three trainee judicial officers registered at the behest of another trainee officer, stating it as malicious and a counter blast. The bench speaking through the Chief Justice Alok Aradhe said, the complainant has lodged a complaint against the petitioners subsequent to the report submitted by the Director, Andhra Pradesh …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
3 months, 1 week ago

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

Live Law  

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

HC Quashes Poll Related Violation Case Against MP
3 months, 1 week ago

HC Quashes Poll Related Violation Case Against MP

Deccan Chronicle  

Hyderabad: Justice K. Lakshman of the Telangana High Court quashed criminal proceedings against Vaddiraju Ravichandra, BRS Rajya Sabha member, accused of violating election-related norms during a rally held in 2018. misappropriation case Justice K. Sujana of the Telangana High Court granted bail to an accused in a financial fraud case involving the alleged misappropriation of over Rs 300 crore by …

Supreme Court warns against misuse of cruelty law for settling personal scores against husband
3 months, 1 week ago

Supreme Court warns against misuse of cruelty law for settling personal scores against husband

Deccan Chronicle  

New Delhi: The Supreme Court has given a strong warning against the misuse of laws in marital dispute cases. The apex court made this observation after setting aside a cruelty case filed under Section 498 of the IPC, which the Telangana High Court had refused to dismiss previously. In the above case, the Supreme Court ruled in favour of the …

[IBC] Telangana HC Quashes Proceedings Against Ex-Director Of Company, Says IRP Had Already Taken Charge When Complaint Was Filed
3 months, 1 week ago

[IBC] Telangana HC Quashes Proceedings Against Ex-Director Of Company, Says IRP Had Already Taken Charge When Complaint Was Filed

Live Law  

The High Court of Telangana has delivered an important decision on the issue regarding criminal liability of Directors and corporate governance. Gena Pharmaceuticals Limited of manufacturing and marketing drugs with objectionable Counsel for the petitioner, Advocate Zubin JF Poovathinkal, contended that the petitioner had stepped down from the position of Director in 2019, and the company's complete control was transferred …

Supreme Court Issues Notice On Senior Advocate's Plea To Quash FIR Alleging That He Took Rs. 7 Crore From Client To Influence Judges
3 months, 2 weeks ago

Supreme Court Issues Notice On Senior Advocate's Plea To Quash FIR Alleging That He Took Rs. 7 Crore From Client To Influence Judges

Live Law  

The Supreme Court on Monday issued notice in an SLP filed by senior advocate Vedula Venkataramana seeking to quash an FIR registered against him for allegedly taking Rs. Venkataramana filed a petition before the Telangana High Court under Section 482 of the CrPC seeking to quash the FIR on the grounds that it was based on vague and baseless allegations. …

Legal Briefs | Telangana HC admits plea to quash ICAI’s disciplinary proceedings
3 months, 2 weeks ago

Legal Briefs | Telangana HC admits plea to quash ICAI’s disciplinary proceedings

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court admitted a writ appeal filed by Institute of Chartered Accountants of India and others challenging quashing of a prima facie opinion of ICAI’s disciplinary directorate against a chartered accountant alleged of misconduct being financial advisor of Y.S. Earlier, a writ plea was filed by V. Vijay Sai Reddy, challenging a prima …

Seriously Disputed Facts, Like A Maze: Karnataka HC Refuses To Quash Cheating Case Against Two Booked For Defrauding Amazon Of Rs 70 Lakh
3 months, 3 weeks ago

Seriously Disputed Facts, Like A Maze: Karnataka HC Refuses To Quash Cheating Case Against Two Booked For Defrauding Amazon Of Rs 70 Lakh

Live Law  

Dismissing a plea filed by two persons seeking quashing of an FIR registered against them for allegedly defrauding Amazon Seller Services Limited to the tune of Rs 69,91,940, the Karnataka High Court said that the facts in the case are "so seriously disputed" that they are like a "maze" and would require a full blown trial. Dismissing the petition filed …

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 …

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed
5 months, 2 weeks ago

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed

Live Law  

While hearing a matter concerning a property dispute, the Telangana High Court reiterated that an act which is done in violation of an injunction order is invalid and should be undone by the court putting back the parties in the same position as they were before such an order was passed. In reiterating so, the High Court dismissed an appeal …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
5 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 …

Karnataka High Court Refuses To Quash Complaint Against Police Inspector Booked For Not Depositing Seized Amount With State Treasury
7 months, 1 week ago

Karnataka High Court Refuses To Quash Complaint Against Police Inspector Booked For Not Depositing Seized Amount With State Treasury

Live Law  

The Karnataka High Court has refused to quash a complaint lodged under Section 7 of the Prevention of Corruption Act, against a police inspector who did not deposit with the state treasury the seized money which was received while investigating a cheating case. A Single judge bench of Justice M Nagaprasanna dismissed the petition filed by Shankar Naik G K …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 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 …

Telangana HC overturns lower court decision on complaint against revenue officials
7 months, 3 weeks ago

Telangana HC overturns lower court decision on complaint against revenue officials

New Indian Express  

HYDERABAD: Justice N Tukaramji of the Telangana High Court has set aside the decision by a lower court rejecting a complaint against revenue officials due to lack of a sanction order. The petitioner, Chappidi Krishna Reddy, had lodged a complaint under Section 200 of the CrPC with the II-Additional Metropolitan Magistrate, Malkajgiri, accusing revenue officials of colluding to manipulate land …

Important MCQ's Based On Latest Supreme Court Judgments For Law Examinations
8 months, 1 week ago

Important MCQ's Based On Latest Supreme Court Judgments For Law Examinations

Live Law  

The Court called on a Public Servant under Section 319 CrPC without following the mandatory requirement of prior sanction to prosecute the public servant for the offence committed under the Prevention of Corruption Act, 1988. PC Act | Sanction Necessary To Summon Public Servant As Additional Accused As Per S.319 CrPC: Supreme Court Q 2. d. Both and Answer: Option …

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court
8 months, 2 weeks ago

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

Live Law  

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

Register Court-Settled Property Documents Promptly: Telangana High Court
8 months, 2 weeks ago

Register Court-Settled Property Documents Promptly: Telangana High Court

Deccan Chronicle  

Hyderabad: The Telangana High Court has taken a strong stance against registration department authorities who refuse to register documents relating properties where disputes have been settled by court orders. The court took a serious view of the registration authorities keeping pending the documents and asking citizens to get fresh orders to get their property registered, even when previous orders would …

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, …

The Complete Supreme Court Annual Digest- 2023 [Part-XVI]
10 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XVI]

Live Law  

Prevention of Dangerous Activities Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act 1986; Section 3 - …

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 …

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

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

Live Law  

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

HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties
1 year ago

HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties

Live Law  

The Supreme Court on Monday set aside the order of the Allahabad High Court passed in gross violation of the principle of natural justice whereby the order was passed without hearing to the opposite parties.Terming the order of the High Court as arbitrary and perverse, the Bench Comprising Justices BR Gavai and Sandeep Mehta found that the order was passed …

Poll Panel Assures To Give ‘Nazari Naksha’ to BJP Candidate
1 year ago

Poll Panel Assures To Give ‘Nazari Naksha’ to BJP Candidate

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court on Wednesday recorded a statement of the Election Commission that it would give a copy of Nazari Naksha, which would be a map disclosing all households which fall within the boundaries of each polling station and the number of voters in each household to Konda Vishweshwar Reddy, BJP’s Chevella candidate, in …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court
1 year, 1 month ago

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court

Live Law  

Recently, the Supreme Court observed that the courts cannot issue processes under Section 91 of the Code of Criminal Procedure to compel the production of things/documents based on the application made by the accused at the stage of framing of charges. The short question before the Supreme Court was whether the accused could file an application for the production of …

High Court Under S. 482 CrPC Should Not Decide Whether Debt In Cheque Dishonour Case Is Time-Barred: Supreme Court
1 year, 1 month ago

High Court Under S. 482 CrPC Should Not Decide Whether Debt In Cheque Dishonour Case Is Time-Barred: Supreme Court

Live Law  

The Supreme Court recently reiterated that in proceedings under Section 138 of the Negotiable Instruments Act, 1881, the question of whether the underlying debt is time-barred is based on the evidence. “Undoubtedly, the question regarding the time-barred nature of an underlying debt or liability in proceedings under Section 138 of the NI Act is a mixed question of law and …

HC refuses to quash criminal case before trial
1 year, 2 months ago

HC refuses to quash criminal case before trial

Deccan Chronicle  

Hyderabad: Refusing to quash a criminal case even before the trial had started, Justice K. Surender of the Telangana High Court said that the courts should not thwart investigation and power should be exercised very sparingly and with circumspection, and that too in the rarest of rare cases in quashing criminal prosecution. The judge accordingly dismissed a petition filed by …

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC
1 year, 2 months ago

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

Live Law  

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

Telangana HC quashes criminal case for want of sanction
1 year, 2 months ago

Telangana HC quashes criminal case for want of sanction

Deccan Chronicle  

The Deputy Commissioner of Central Excise and Service Tax filed a complaint before the special judge for economic offences on charges of evading central excise duty in the guise of trading of modular furniture, falling under the heading 9403 of the First Schedule to the Central Excise Tariff Act, 1985, even after crossing the threshold exemption limit and were liable …

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court
1 year, 2 months ago

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court

Live Law  

The Supreme Court in a recent order observed that when the High Court was called upon to invoke power under Section 482 Cr.P.C to quash a criminal case, it was incumbent upon the High Court to consider the question whether the allegations would constitute the offence alleged against the person-accused. While setting aside an order of a High Court which …

S.138 NI Act | Proceedings For Cheque Dishonour Be Quashed Once Complainant Signs Deed Accepting Amount In Full & Final Settlement: Supreme Court
1 year, 2 months ago

S.138 NI Act | Proceedings For Cheque Dishonour Be Quashed Once Complainant Signs Deed Accepting Amount In Full & Final Settlement: Supreme Court

Live Law  

In a Criminal Appeal arising out of proceedings under Section 138 of the Negotiable Instruments Act, 1881, the Supreme Court held that once the settlement has been arrived at and the complainant has signed the deed accepting an amount in full and final settlement, the proceedings under this provision must be quashed. “Considering the overall facts and circumstances of the …

Keep off civil disputes, HC tells police inspector again
1 year, 2 months ago

Keep off civil disputes, HC tells police inspector again

Deccan Chronicle  

Hyderabad: The Telangana High Court has reiterated its directions to police officials to refrain from entertaining any civil dispute plea. Justice C.V. Bhaskar Reddy directed the station house officer, Karimnagar Rural, and his subordinate officers not to interfere in civil disputes in a writ petition filed by Syed Moin. Cops silent despite HC order In a contrasting matter, Justice C.V. …

'Fraud & Abuse Of Process Of Law': Telangana High Court Dismisses Appeal For Suppression Of Material Facts, Upholds 25K Costs
1 year, 3 months ago

'Fraud & Abuse Of Process Of Law': Telangana High Court Dismisses Appeal For Suppression Of Material Facts, Upholds 25K Costs

Live Law  

A Division Bench of the Telangana High Court declined to interfere with a dismissal order passed by a single judge, wherein a fine of Rs 25000 was imposed on the petitioner for approaching the Court with unclean hands. In dismissing an appeal against the single judge's order Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti held the following: “If …

Mutually Destructive Pleas No Ground To Reject Plaint Under Order 7 Rule 11 CPC: Telangana High Court
1 year, 4 months ago

Mutually Destructive Pleas No Ground To Reject Plaint Under Order 7 Rule 11 CPC: Telangana High Court

Live Law  

The Telangana High Court has held that a plaint cannot be rejected on the ground that inconsistent and mutually destructive pleas were sought. "Therefore, the contention that adverse possession cannot be claimed on the basis of an agreement of sale, since they are inconsistent or mutually destructive pleas, cannot be a ground to reject the plaint under Order 7 Rule …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 4 months 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 …

Karnataka High Court 'Obliterates' PMLA Proceedings Against Developer For Delay In Delivering Flat To Homebuyer
1 year, 4 months ago

Karnataka High Court 'Obliterates' PMLA Proceedings Against Developer For Delay In Delivering Flat To Homebuyer

Live Law  

The Karnataka High Court has quashed a criminal case for cheating registered by a home buyer against a Developer for delay in delivery of his flat. If the execution of the sale deed is not accepted by the complainant, it cannot mean that it would become a criminal breach of trust or cheating, as the case would be, as there …

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court
1 year, 5 months ago

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court

Live Law  

The Kerala High Court held that an accused can only be acquitted under Section 256 CrPC when there was a definite conclusion that the complainant does not wish to prosecute the complaint. Dias stated that the Court must not perfunctorily acquit an accused u/s 256 of CrPC. Such power must be exercised judicially and not whimsically or mechanically, the Court …

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