Victim Has No Right To Drop Case Of Non-Compoundable Offence Of Serious & Heinous Nature: Allahabad High Court
2 years, 6 months ago

Victim Has No Right To Drop Case Of Non-Compoundable Offence Of Serious & Heinous Nature: Allahabad High Court

Live Law  

The Allahabad High Court on Tuesday observed that a victim has no right in law to drop the case of a non-compoundable offence of serious and heinous nature which badly affects society. However, the Court further noted that the Apex Court has, in a catena od decisions, cautioned that the proceeding of serious and heinous offences which affect the society at large, should not be quashed on the basis of compromise executed between the parties. even in non-compoundable offence and can quash the proceedings on the basis of settlement arrived at between the parties even in the cases of non-compoundable offences but while exercising its jurisdiction this Court must consider the fact that whether the proceeding relates to any serious and heinous offences and whether the crime in question has impact over the society. for quashing the proceedings on the basis of compromise executed between the parties," the Court remarked as it took into account several judgments of the Supreme Court including the case of Daxaben vs State of Gujarat | 2022 LiveLaw 642 Further, the Court noted that the present case relates to the offence u/s 307 IPC in which as many as fourteen accused persons were involved and firearms weapons were used.

Society Court Case State This Court Applicants Offence Its Jurisdiction Offences Compromise Such Cases  right  serious  case  executed  crpc  offence  society  drop  court  compromise  nature  high  basis  applicants  victim  heinous  noncompoundable  offences

History of this topic

SC stays Allahabad HC observations on rape, terms its approach 'insensitive', ' inhuman'
5 days ago

SC stays Allahabad HC observations on rape, terms its approach 'insensitive', ' inhuman'

Hindustan Times  

New Delhi, Coming down hard on the Allahabad High Court's observations that mere grabbing of breast and pulling the string of a 'pyjama' do not amount to offence of rape, the Supreme Court on Wednesday stayed them and said they depicted "total insensitiveness" and an "inhuman approach". SC stays Allahabad HC observations on rape, terms its approach 'insensitive', ' inhuman' …

Allowing Quashing Of Non-Compoundable Offences Like Kidnapping, Theft Based On Compromise Will Set 'Dangerous Precedent': Rajasthan HC
1 week, 5 days ago

Allowing Quashing Of Non-Compoundable Offences Like Kidnapping, Theft Based On Compromise Will Set 'Dangerous Precedent': Rajasthan HC

Live Law  

While refusing to quash an FIR registered for non-compoundable offences of kidnapping, theft after the parties had entered into an amicable settlement, the Rajasthan High Court underscored that permitting quashing of such cases based on compromise would undermine the very purpose of criminal law and embolden offenders. In doing so the court underscored that compounding of such offences would set …

No Violation Of Natural Justice Principles If Accused Not Given Advance Copy Of S. 50 PMLA Application: Allahabad HC
1 month, 3 weeks ago

No Violation Of Natural Justice Principles If Accused Not Given Advance Copy Of S. 50 PMLA Application: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that not providing an advanced copy of the application filed by the Director of Enforcement under Section 50 of the Prevention of Money Laundering Act, 2002, to the accused does not violate the principles of natural justice, as the accused has no right to oppose it. It was also argued that an advance …

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court
2 months, 4 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, 4 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 …

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court
3 months, 1 week ago

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court

Live Law  

The Kerala High Court has held that remote chance of conviction due to compromise between the accused and the complainant should not serve as a ground to terminate investigation abruptly and to quash the FIR and further proceedings in serious offences involving POSCO Act. The court further said that legal position was comprehensive that criminal proceedings involving very serious offences …

Ensure Victim's Presence Before Quashing Serious Offences, Especially Against Women, Based On Settlement: Supreme Court To High Courts
Trending News
4 months, 2 weeks ago

Ensure Victim's Presence Before Quashing Serious Offences, Especially Against Women, Based On Settlement: Supreme Court To High Courts

Live Law  

The Supreme Court has advised High Courts to exercise caution before quashing non-compoundable cases based on settlement between the victim and the accused. Even if there is an affidavit of the victim accepting the settlement, it is advisable to seek the victim's presence, either physically or virtually, before quashing serious offences, especially those against women, the Court advised. A bench …

Ensure Victim's Presence Before Quashing Serious Offences, Especially Against Women, Based On Settlement: Supreme Court To High Courts
Trending News
4 months, 2 weeks ago

Ensure Victim's Presence Before Quashing Serious Offences, Especially Against Women, Based On Settlement: Supreme Court To High Courts

Live Law  

The Supreme Court has advised High Courts to exercise caution before quashing non-compoundable cases based on settlement between the victim and the accused. Even if there is an affidavit of the victim accepting the settlement, it is advisable to seek the victim's presence, either physically or virtually, before quashing serious offences, especially those against women, the Court advised. A bench …

Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls
11 months, 1 week ago

Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls

Live Law  

The Allahabad High Court last week quashed criminal proceedings in connection with a case against a Samajwadi Party leader and former UP Minister's daughter, Shreya Verma, who was accused of canvassing for his father in the Uttar Pradesh Vidhansabha elections of 2022 without obtaining the necessary permission. It was the contention of the counsel appearing for Verma that the impugned …

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 …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month 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 …

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 …

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court
1 year, 5 months ago

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

Live Law  

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

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 6 months ago

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

Live Law  

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

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

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

Live Law  

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

Allahabad High Court Weekly Round-Up: May 15 To May 21
1 year, 10 months ago

Allahabad High Court Weekly Round-Up: May 15 To May 21

Live Law  

NOMINAL INDEX Prashant Chandra vs. State Of U.P. And Anr 2023 LiveLaw 155 Prakash Narayan Sharma @ Babali vs. State of UP 2023 LiveLaw 156 State of UP vs. Ajai Mishra @ Taini And 3 Ors along with a connected criminal revision plea 2023 LiveLaw 157 ORDERS/JUDGMENTS OF THE WEEK Section 138 NI Act| 'Notice Not Invalid If Other Amount …

Allahabad High Court Weekly Round-Up: May 01 To May 07, 2023
1 year, 10 months ago

Allahabad High Court Weekly Round-Up: May 01 To May 07, 2023

Live Law  

NOMINAL INDEX Juvenile 'X' Thru. And 3 Others along with connected bail pleas 2023 LiveLaw 143 Udit Arya vs. State of U.P 2023 LiveLaw 144 ORDERS/JUDGMENTS OF THE WEEK Lucknow PUBG-Murder Case| Allahabad High Court Grants Bail To Juvenile Accused Of Killing Mother Case title - Juvenile 'X' Thru. Sunni Central Waqf Board vs. Bhagwan Sri Krishna Virajman And 10 …

Vital Body Parts Not Receiving Injuries Doesn't Mean Offence Isn't Heinous: Allahabad HC Refuses To Quash Attempt To Murder Case Based On Compromise
2 years ago

Vital Body Parts Not Receiving Injuries Doesn't Mean Offence Isn't Heinous: Allahabad HC Refuses To Quash Attempt To Murder Case Based On Compromise

Live Law  

The Allahabad High Court recently refused to quash an attempt to murder case based on the compromise entered into between the victim and the accused. The case in brief Accused Narendra Pratap Singh moved the Court seeking to quash 307 IPC offence registered against him on the ground that he and the complainant/victim, who are related to each other, have …

Allahabad High Court Weekly Round Up: March 6 To March 12, 2023
2 years ago

Allahabad High Court Weekly Round Up: March 6 To March 12, 2023

Live Law  

NOMINAL INDEX Kalika Pratap Singh vs. State Of U.P. The Superintendent Of Police Cbi/Acb Lko 2023 LiveLaw 92 ORDERS/JUDGMENTS OF THE WEEK Can't Examine Any Defence Of Accused While Considering Prayer For Quashing Of Charge Sheet: Allahabad High Court Case title - Kalika Pratap Singh vs. State Of U.P. And 2 Others Case citation: 2023 LiveLaw 86 While cancelling bail …

Allahabad High Court Weekly Round-Up: January 23 To January 29, 2023
2 years, 2 months ago

Allahabad High Court Weekly Round-Up: January 23 To January 29, 2023

Live Law  

NOMINAL INDEX Brijeash Saurabh Mishra @ Brijesh Mishra vs. State Of U.P. and Another 2023 LiveLaw 41 ORDERS/JUDGMENTS OF THE WEEK Right To Cross-Examine A Witness Can Be Denied Only In Exceptional Circumstances: Allahabad High Court Case title - Brijeash Saurabh Mishra @ Brijesh Mishra vs. State Of U.P. 2007 'Provocative' Speech Case Against Azam Khan: Allahabad High Court Sets …

'Oppressive & Unwarranted': Allahabad HC Quashes Criminal Proceedings Pending For 18 Yrs Against An Electricity Theft Accused
2 years, 2 months ago

'Oppressive & Unwarranted': Allahabad HC Quashes Criminal Proceedings Pending For 18 Yrs Against An Electricity Theft Accused

Live Law  

The Allahabad High Court on Thursday quashed criminal proceedings pending for 18 years against a man accused of committing electricity theft by terming the inordinate delay in the trial as oppressive and unwarranted.Holding that the fundamental right to speedy trial of the accused-Madan Mohan Saxena had been violated in the case, the bench of Justice Sameer Jain quashed the chargesheet …

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 …

Quashing Regular Case Of "Scheduled Offence" Will Automatically Quash Subsequent Case Registered Under PMLA: Calcutta High Court
2 years, 3 months ago

Quashing Regular Case Of "Scheduled Offence" Will Automatically Quash Subsequent Case Registered Under PMLA: Calcutta High Court

Live Law  

The Calcutta High Court on Monday held that once a regular case of "scheduled offence" is quashed, any subsequent case registered under Prevention of Money Laundering Act will also automatically stand quashed. As regards the parallel criminal proceeding arising out of an FIR instituted under Sections 420/120B IPC read with S. 13 of PMLA, being a "scheduled offence" within the …

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court
2 years, 4 months ago

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court

Live Law  

Stressing that seeking anticipatory bail under Section 438 of CrPC is only a statutory right, the Allahabad High Court earlier this week said that the second and successive anticipatory bail application is not maintainable.The bench of Justice Suresh Kumar Gupta further observed that as opposed to Section 439 of CrPC, which flows from Article 21 of. Stressing that seeking anticipatory …

Allahabad High Court Weekly Round Up: September 26 To October 2, 2022
2 years, 5 months ago

Allahabad High Court Weekly Round Up: September 26 To October 2, 2022

Live Law  

NOMINAL INDEX State of U.P. 2022 LiveLaw 454 Orders/Judgments of the Week Allahabad High Court Sentences Mukhtar Ansari To 5-Year Jail Under Gangsters Act In A 23-Year-Old Case Case title - State of U.P. 351 Of CSR If Govt Servant Is Found Guilty Of Grave Misconduct After Retirement: Allahabad HC Case title - Gaya Prasad Yadav v. State Of U.P.Thru.Prin.Secy.Home …

Be Slow In Quashing Criminal Proceedings On The Basis Of Settlement Between Complainant & Accused When Offences Are Capable Of Impacting Others : Supreme Court
2 years, 6 months ago

Be Slow In Quashing Criminal Proceedings On The Basis Of Settlement Between Complainant & Accused When Offences Are Capable Of Impacting Others : Supreme Court

Live Law  

The Supreme Court observed that the courts should be slow to excercise their jurisdiction to quash criminal proceedings on the basis of settlement, when the offences are capable of having an impact not merely on the complainant and the accused but also on others.Cases involving abuse of official position and adoption of corrupt practices cannot be treated like suits for. …

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC
2 years, 7 months ago

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

Live Law  

The Karnataka High Court has quashed an order of conviction after the parties to the proceedings post the conviction order entered into a settlement and sought for compounding of the offences so made against the petitioner. A single judge bench of Justice M Nagaprasanna allowed the plea filed by one Lakshmibai who was convicted by the trial court for offences …

Allahabad High Court Weekly Round Up: August 8 To August 14, 2022
2 years, 7 months ago

Allahabad High Court Weekly Round Up: August 8 To August 14, 2022

Live Law  

NOMINAL INDEX Fayanath Yadav S/O Late Devdutt Yadav v. State Of U.P. Case Citation: 2022 LiveLaw 363 In a judgment delivered last week, the Allahabad High Court modified the conviction of a murder accused from Section 302 IPC to Section 304 Part 1 IPC as it noted that the culpable homicide was committed without premeditation on being called a Kafir, …

Cases Of Civil Nature Can Be 'Quashed' In Interest Of Justice: Gujarat High Court Reiterates Distinction B/w Sections 320 & 482 CrPC
2 years, 7 months ago

Cases Of Civil Nature Can Be 'Quashed' In Interest Of Justice: Gujarat High Court Reiterates Distinction B/w Sections 320 & 482 CrPC

Live Law  

While allowing a revision application under Section 397 of CrPC seeking quashing of a judgement convicting the Petitioner under Section 138 of Negotiable Instruments Act, the Gujarat High Court reiterated the distinction between Sections 482 and Sec 320 of the Code. It reiterated: "In compounding of offences, power of a criminal court is circumscribed by the provisions contained in Section …

Allahabad High Court Dismisses Plea Seeking Direction To UOI To Act Against People Allegedly 'Spreading' Crime In Kashmir
2 years, 8 months ago

Allahabad High Court Dismisses Plea Seeking Direction To UOI To Act Against People Allegedly 'Spreading' Crime In Kashmir

Live Law  

The Allahabad High Court recently dismissed a plea seeking a direction to the Union Of India to take appropriate action against people who are allegedly involved in cow slaughtering, change of religion, spreading of crime in Kashmir, and are also snatching money from the simple law-abiding citizens.Essentially, the bench of Justice Rajan Roy and Justice Brij Raj Singh was dealing …

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court
2 years, 10 months ago

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court

Live Law  

The Supreme Court observed that when a clear case is made out for the offences alleged, the criminal proceedings cannot be quashed merely on the ground that "no useful purpose will be served by prolonging the proceedings of the case".The bench comprising Justices MR Shah and BV Nagarathna reiterated that a High Court must pass a speaking and reasoned order …

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

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

Live Law  

The Jharkhand High Court has held that merely because there is a case and a counter case between the parties or merely because there has been a title suit amongst the parties, the same is not sufficient to quash the criminal proceedings instituted by one of them against the other. The lower court conducted an inquiry in the said protest-cum-complaint …

FIR For Non-Compoundable Offences Can Be Quashed In Matrimonial Disputes If Court Satisfied That Parties Settled Disputes Amicably: Delhi HC
2 years, 11 months ago

FIR For Non-Compoundable Offences Can Be Quashed In Matrimonial Disputes If Court Satisfied That Parties Settled Disputes Amicably: Delhi HC

Live Law  

The Delhi High Court has observed that FIR or complaints can be quashed even in respect of non-compoundable offences pertaining to matrimonial disputes if the Court is satisfied that the parties have settled their disputes amicably, without any pressure. Justice Chandra Dhari Singh observed thus:"Even in non- compoundable offences pertaining to the matrimonial disputes, if Court is satisfied. Justice Chandra …

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties
3 years, 1 month 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 …

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 …

Alleged FB Post 'Tarnishing' Image Of UP Dy CM Keshav Maurya: Allahabad HC Refuses To Quash Criminal Proceedings
3 years, 2 months ago

Alleged FB Post 'Tarnishing' Image Of UP Dy CM Keshav Maurya: Allahabad HC Refuses To Quash Criminal Proceedings

Live Law  

The Allahabad High Court recently refused to quash the charge-sheet, cognizance order as well as entire proceedings in a criminal case registered over an alleged Facebook Post 'Tarnishing' the image of Keshav Prasad Maurya, Deputy Chief Minister of Uttar Pradesh.The Bench of Justice Anil Kumar Ojha was hearing a 482 application filed by one Arun Kumar Jaiswal seeking to quash …

Allahabad High Court: Annual Digest 2021 [Compendium Of 250 Orders/Judgments]
3 years, 3 months ago

Allahabad High Court: Annual Digest 2021 [Compendium Of 250 Orders/Judgments]

Live Law  

As the year 2021 is coming to an end, LiveLaw brings to you a yearly Round-up of important updates from the Allahabad High Court. The Allahabad High Court last week pulled up the Uttar Pradesh Government as the SDM, Varanasi, acted "arbitrarily and illegally" in detaining two persons for breach of peace. 18.Sexual Offence Against Woman- Any Form Of Compromise/Marriage …

Constitutional court can quash criminal proceedings even in non-compoundable offences: Supreme Court
3 years, 6 months ago

Constitutional court can quash criminal proceedings even in non-compoundable offences: Supreme Court

Hindustan Times  

New Delhi: The Supreme Court on Wednesday ruled that a constitutional court has the power to quash criminal proceedings after parties arrive at a compromise even in cases that cannot be settled ordinarily under the law. The Supreme Court ruled that a constitutional court has the power to quash criminal proceedings after parties arrive at a compromise even in cases …

'Non Compoundable' Criminal Cases Of Predominantly Private Nature Can Be Quashed U/s 482 CrPC Even If Compromise Is Reached After Conviction: Supreme Court
3 years, 6 months ago

'Non Compoundable' Criminal Cases Of Predominantly Private Nature Can Be Quashed U/s 482 CrPC Even If Compromise Is Reached After Conviction: Supreme Court

Live Law  

The Supreme Court observed that a High Court can quash criminal proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non-compoundable and the compromise is reached after conviction.The bench headed by CJI NV Ramana added that criminal proceedings involving non-­heinous offences or where the offences are predominantly of a. The Supreme Court observed …

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court
3 years, 6 months ago

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court

Live Law  

In a significant ruling, the Kerala High Court has held that a compromise of marriage between the parties is not a ground to quash the criminal proceedings against the accused under the provisions of POCSO.Justice V. Shircy while dismissing a petition under Section 482 of the Code of Criminal Procedure, remarked:"Rape is not only a very serious and inhumane offence …

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 …

'No Positive Act': Supreme Court Quashes Criminal Case Against Girl Accused Of Abetting Suicide Of A Man By Refusing Marriage
3 years, 6 months ago

'No Positive Act': Supreme Court Quashes Criminal Case Against Girl Accused Of Abetting Suicide Of A Man By Refusing Marriage

Live Law  

The Supreme Court quashed criminal proceedings against a girl accused of abetting suicide of a man by allegedly refusing to marry him.The bench of Justices R. Subhash Reddy and Hrishikesh Roy reiterated that Section 306 of the Indian Penal Code will not be attracted if there was no positive act on the part of the accused to instigate or aid …

Pendency Of Criminal Cases In Allahabad High Court Very Worrying: CJI NV Ramana
3 years, 6 months ago

Pendency Of Criminal Cases In Allahabad High Court Very Worrying: CJI NV Ramana

Live Law  

Chief Justice of India NV Ramana on Saturday expressed concern over the long pendency of criminal cases in the Allahabad High Court and requested the Allahabad High Court and the Bar to work on resolving the issue. "I do not want to point any fingers or lay any blame regarding the pendency in the Allahabad High Court relating to criminal …

Inter-Religious Marriage- "Woman Major, Has Right To Choose Her Partner": Allahabad HC Quashes FIR U/S 366 IPC Against Husband
3 years, 6 months ago

Inter-Religious Marriage- "Woman Major, Has Right To Choose Her Partner": Allahabad HC Quashes FIR U/S 366 IPC Against Husband

Live Law  

The Allahabad High Court last week quashed an FIR registered against a Muslim under Section 366 of IPC for allegedly kidnapping and marrying a Hindu girl.The Court was hearing the joint plea filed by the Woman and Man seeking quashing of the FIR claiming that the. The Allahabad High Court last week quashed an FIR registered against a Muslim under …

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court
3 years, 7 months ago

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court

Live Law  

The Supreme Court observed that it is improper to quash criminal proceedings under Section 482 of Criminal Procedure Code when there are serious triable allegations in the complaint.Appreciation of evidence is not permissible at the stage of quashing of proceedings in exercise of powers under Section 482 CrPC, the Supreme Court reiterated while setting aside a High Court judgment.In this. …

Kerala High Court Quashes POCSO Charges Against Man After His Marriage To The Survivor
3 years, 11 months ago

Kerala High Court Quashes POCSO Charges Against Man After His Marriage To The Survivor

Live Law  

In two cases, the Kerala High Court quashed charges of sexual assault against a 22-year-old man in light of his subsequent marriage to the prosecutrix. In the first case, a Bench comprising of Justice K Haripal recently quashed a chargesheet filed by the police in February 2019 charging the man with sexual assault and other charges under the Indian Penal …

"They Have Married And Are Living Happily": Allahabad HC Quashes A Rape Case From Hathras Recording Settlement [Read Order]
4 years, 5 months ago

"They Have Married And Are Living Happily": Allahabad HC Quashes A Rape Case From Hathras Recording Settlement [Read Order]

Live Law  

The Allahabad High Court recently quashed a rape case recording 'settlement' between the rape accused and the victim.Before the High Court, the 'victim' submitted that they have married and are living happily as husband and wife. The Allahabad High Court recently quashed a rape case recording 'settlement' between the rape accused and the victim. Chief Judicial Magistrate, Hathras had rejected …

'In View Of Marriage Of Accused With Victim, Trial To Be Futile':Gujarat HC Quashes FIR For Rape Of Minor [Read Judgment]
4 years, 6 months ago

'In View Of Marriage Of Accused With Victim, Trial To Be Futile':Gujarat HC Quashes FIR For Rape Of Minor [Read Judgment]

Live Law  

The Gujarat High Court last week quashed an F.I.R. pertaining to rape of a minor by an on duty police officer, taking into account "full and final settlement" between the complainant and the accused by the latter entering into marriage with the victim. The Court also referred to the landmark decisions of Supreme Court in case of Parbatbhai Aahir vs. …

Rape Case Can Be Quashed When Accused Married The Victim: Kerala HC [Read Order]
5 years, 10 months ago

Rape Case Can Be Quashed When Accused Married The Victim: Kerala HC [Read Order]

Live Law  

The Kerala High Court has quashed criminal proceedings against a rape accused who married the victim.The man was accused of offences punishable under Secs.366A, 376 and Secs.3 r/w 4 of the POCSO Act. The Kerala High Court has quashed criminal proceedings against a rape accused who married the victim. The victim also submitted before the court that it will be …

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