Section 482
‘High Court can quash proceedings using power either under Art. 226 or under S. 482 of CrPC’; SC reiterates while quashing FIR against foreign national
“The High Court could exercise its power of judicial review in criminal matters and it could exercise this power either under Article 226 of the Constitution or under Section 482 of the CrPC to prevent abuse of the process of the Court or to secure the ends of justice. The exercise of that power would depend upon the facts and circumstances of each case.”
Bombay HC quashes FIR and chargesheet against members of WhatsApp group chat accused of outraging religious feelings
“Now-a-days people have become more sensitive about their religions may be than before and everybody wants to impress as to how his religion/God is supreme. Everybody should respect the religion, caste, creed etc. of another. But at the same time, if the person says that his religion is supreme, then the other person may not immediately react. There are ways and means to react on such sensitive issues.”
‘Prosecution in rape cases cannot be withdrawn on basis of survivor’s forgiveness or understanding between parties’: Meghalaya HC
The rape survivor addressed a letter to the Police stating that she had forgiven the accused persons, considering their young age and desired not to proceed any further in the matter.
High Court does not function as a Court of Appeal or Revision while exercising jurisdiction u/s 482 of CrPC: Uttaranchal High Court
The Court opined that inherent jurisdiction under Section 482 of CrPC though wide should not be capriciously or arbitrarily exercised but should be exercised in appropriate cases to do real and substantial justice. Thus, quashing of charge sheet or setting aside summoning order on appreciation of evidence is not justified.
When can an order under Section 125 CrPC be modified or recalled? Allahabad High Court clarifies
“It is clear that Section-125 CrPC is social justice legislation which orders for the maintenance of wives, children and parents and the legislature has provided in Sections-125(5) CrPC., 126 CrPC as well as Section-127 CrPC, certain conditions on fulfilling of which, order passed u/s 125 CrPC can be recalled or modified”
Delhi High Court quashes FIR on a unique condition to assist Traffic Police at traffic signal for 30 days
The Court opined that as parties have amicably settled their disputes, no useful purpose shall be served in continuing with proceedings of the present FIR as it will create further acrimony between the parties.
Delhi High Court refuses to quash S. 376 IPC FIR based on conduct of parties, misguided facts and misinformed religious conversion
Sexual violence against a woman should invite no tolerance, however, manipulating the system by the parties to a case under Section 376 IPC would equally need to be dealt with a stern hand and serious efforts should be made to address and remedy failings within the criminal justice system and through our society.
HC Judges taking up case not assigned by the Chief Justice an act of gross impropriety: Supreme Court
Supreme Court wondered “how a Civil Writ Petition for clubbing First Information Reports could be entertained”.
‘False promises made, huge scam committed’; Gujarat HC refuses to quash criminal proceedings against Mehul Choksi and Gitanjali Group Director
“Mehul Choksi left the country long ago and he did not cooperate with any prosecution, though various complaints are filed against Gitanjali Gems as well as in his individual capacity. He has no respect towards the process of law”.
Whether debt was barred by limitation or not in cheque bounce cases, is a question of evidence: SC
“The question of debt barred by limitation is to be decided on basis of evidence as, limitation is a mixed question of law and fact”.
‘Criminal antecedents of accused cannot be sole consideration to decline quashment of proceedings’; SC Observes
“FIR in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial and the delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR”.
‘Doctor is always expected to treat or aid patient to best of his knowledge and ability’; Orissa HC rejects Doctor’s plea to quash S. 304-A proceedings
“Negligence is a breach of duty imposed by law and it may be either civil or criminal depending upon the nature and gravity of the negligence. Criminal negligence, on the other hand, is gross and culpable, neglect or failure to exercise, reasonable and proper care and precaution to guard against injury, either to the public generally or to an individual in particular”.
Distant relatives having no ‘domestic relationship’ roped to cause harassment and build pressure on husband; Bombay High Court invokes S. 482 CrPC to quash DV proceedings
The power of the High Court under Section 482 of the Criminal Procedure Code is of the widest amplitude, which can be exercised to secure ends of justice, unless barred by specific provision or by implication. Such power can be exercised to prevent unwanted harassment caused to a respondent with the application of rigour of the Criminal Procedure Code.
Entry of authorised Bank employee in secured property premises for taking possession doesn’t fall under “House Trespass”: Calcutta High Court
While quashing the impugned criminal proceeding against the petitioners, the Court held that a defaulter borrower holds the secured asset only in trust or symbolic possession and even if the petitioners have entered the said property, the same cannot be marked out as trespassers in other’s’ property.
Allahabad High Court| Right to cross-examine witnesses is a right of the other side and can only be done away with, in exceptional cases
Allahabad High Court said that, since the trial in question is of 2015, therefore, the precaution to that effect, which has been taken by the Trial Court, is appreciated, but in the light of such precaution, a single opportunity to cross-examine prosecution witness may not be denied
Karnataka HC dismisses quashment petition concerning allegations of forcible sex change operation; says matter should be strictly left open for trial
Karnataka High Court: While deciding the instant petition for quashment of complaint, the Bench of Suraj Govindaraj, J., held that in the
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
[Model Code of Conduct] Kar HC | Mere display of any stickers and flags on vehicles of any particular party will not attract/invoke S. 171 H IPC
Karnataka High Court: H P Sandesh J. allowed the petition and quashed the proceedings initiated against the petitioners. This petition is filed
HC quashes proceedings based on “draft charge-sheet” yet to be placed before Magistrate! Clear abuse of S. 482 CrPC, holds SC
Supreme Court: In a case where the Gujarat High Court had quashed criminal proceedings at the behest of persons who were not