criminal proceedings
Petition filed under Section 156(3) CrPC must satisfy the essential ingredients to attract alleged offences: Supreme Court
The Supreme Court observed that if allegations in the petition are vague and are not specific with respect to the alleged offences, it cannot lead to an order for registration of an FIR and investigation on the accusation of commission of the offences alleged.
Offence of Rape can be permitted to be compounded to promote family life of complainant and accused; Andhra Pradesh High Court quashes complaint for being made in fit of anger
Woman files petition for compromising an offence under section 376 of IPC, stating that she made the complaint in anger instead of actually being aggrieved.
J&K and Ladakh HC | To prevent the “frittering away of the fruits of compromise” HC can quash proceedings for non-compoundable offences if parties have arrived at a settlement
Jammu and Kashmir and Ladakh High Court: While deciding the instant petition wherein the Court was faced with the issue
Jharkhand High Court | Criminal proceedings against Directors cannot continue when the Company has not been arrayed as a party
Jharkhand High Court: Sanjay Kumar Dwivedi, J., quashed the criminal proceeding registered under Sections 420, 406, 34, 120-B of the Penal Code
Punjab and Haryana High Court | Proceedings in non-compoundable offences can be quashed on the basis of compromise between accused and victim
Punjab and Haryana High Court: In the case relating to the compundable offence under Section 420 of the Penal Code, 1860 and
Adjudication proceedings and criminal proceedings can be launched simultaneously; Madras High Court reiterates, setting aside of assessment orders on technical grounds not enough to quash criminal proceedings
Madras High Court: G. Chandrasekharan, J. declined to quash prosecution against actor SJ Suryah as the order of the Income Tax Appellate
Can employee claim Death-cum-Retirement Gratuity where a criminal appeal in corruption case is pending against him and sentence is suspended? SC answers
Supreme Court: In an interesting case where the Division Bench of Sanjay Kishan Kaul* and M.M. Sundresh, JJ., was to answer whether
SC-ST Act is prospective or retrospective? Kar HC quashes criminal proceedings for offences committed in the year 1975
Karnataka High Court: Krishna S Dixit J. quashes the criminal proceedings as the SC-ST act is not retrospective in nature. The petitioners
Money laundering offence under PMLA is, layered and multi-fold and includes stages preceding and succeeding offence of laundering money: Del HC
Delhi High Court: While expressing the object of PMLA Act Chandra Dhari Singh, J., expressed that, offence of money laundering is threefold
Court can neither be a mute spectator to the whims and fancies of the investigating agency nor be a party to it; Ori HC observes in a case where final form was submitted after 15 years
Orissa High Court: Sashikant Mishra J. allowed the criminal petition and quashed the FIR and the criminal proceeding due to inordinate delay
Unlawful Activities (Prevention) Act, 1967: Interpretation on Rigours of Grant of Bail
by Kapil Madan † and Pulkit Pandey††
Can FIR/ complaint in non compoundable offences pertaining to matrimonial disputes be quashed? HP HC lays down under what circumstances
Himachal Pradesh High Court: Chander Bhusan Barowalia J. disposed of the petition and quashed the FIR/complaint. The facts of the case are
Del HC | Husband, his family harass wife for dowry leading to her committing suicide. Can settlement between accused and wife’s father be accepted? Court decides
Delhi High Court: Mukta Gupta, J., decided whether a settlement of parties wherein an accused and his family members who subjected his
‘Madam if you want leave, come and meet me alone’; Chh HC held it not to be a sexually coloured remark; Offence under IPC and SC ST Act not made out
Chhattisgarh High Court: Narendra Kumar Vyas, J., quashed the FIR registered against the petitioner by Respondent 4 at Women Police Station, Bilaspur
Explained| Burden of proof: Criminal Proceedings versus Departmental Proceedings
The two proceedings, criminal and departmental, are entirely different. They operate in different fields and have different objectives.
Person accused under S. 307 IPC if entered into a compromise with victim, can Court quash criminal proceedings in light of settlement? Delhi HC unravels
Delhi High Court: Emphasizing on the gravity of seriousness of Section 307 Penal Code, 1860, Subramonium Prasad, J., observed that, “…an offence
Chh HC | When prima facie ingredients of S. 383 IPC is not made out, then the offence under S. 388 IPC cannot be made out
Chhattisgarh High Court: Narendra Kumar Vyas J. allowed the petition and quashed the FIR and the criminal proceedings against the petitioner. The
Real test is to check whether the act was directly concerned with official duty: SC quashes criminal proceedings against clerk accused of conspiring with superiors, for want of S. 197 CrPC sanction
Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ. upheld Rajasthan High Court’s order whereby it had directed
When can decree on admission be passed? Madras HC explains how general admission of facts v. admission of claim, makes difference
Madras High Court: Dr G. Jayachandran, J., refused to pass a decree in favour of the plaintiff who relied on general admission