section 482 crpc

Case BriefsHigh Courts

Is it proper to invoke S. 482 CrPC for quashing Magistrate’s order in a proceeding under S. 12 r/w S. 23 of Domestic Violence Act on the point of maintainability? Cal HC determines

Calcutta High Court: Bibek Chaudhari, J., considered the question as to whether Section 482 CrPC is applicable in relation to an application under

Case BriefsHigh Courts

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

Case BriefsSupreme Court

Judges speak through their judgments and orders: Supreme Court pens down it’s opinion on oral regimes

Supreme Court: The Division Bench of Dr Dhananjaya Y Chandrachud and MR Shah, JJ., while addressing a matter expressed that, The administration

Case BriefsHigh Courts

J&K and Ladakh HC | Can FIR containing allegations which set police in motion, be quashed at threshold stage? HC answers

Jammu & Kashmir and Ladakh High Court: Ali Mohammad Magrey, J., held that FIR under Section 482 of CrPC cannot be quashed

Case BriefsHigh Courts

All HC | Onus of proving ingredients under the First Exception, S. 499 IPC is on the accused; Defence being a question of fact cannot be claimed at the stage of issuance of summons

Allahabad High Court: Yogendra Kumar Srivastava, J. dismissed the petition and declined to entertain the present application in exercise of its inherent

Case BriefsHigh Courts

All HC | Can factum of disputed service of notice in S. 138 NI Act case be adjudicated under S. 482 CrPC? HC elaborates

Allahabad High Court: Vivek Varma, J., held that factum of disputed service of notice requires adjudication on the basis of evidence and

Case BriefsSupreme Court

“No coercive measures to be taken”| Can High Courts pass such blanket orders while refusing to quash investigation? Here’s the law laid down by the Supreme Court

“Granting of such blanket order would not only adversely affect the investigation but would have far reaching implications for maintaining the Rule of Law.”

Case BriefsHigh Courts

Bom HC | Can administrator of WhatsApp group be held criminally liable for objectionable posts of a group member? HC answers

Bombay High Court: The Division Bench of Z.A. Haq and Amit B. Borkar, JJ., while addressing the matter, observed that: In the

Case BriefsHigh Courts

Manipur HC| Civil or Criminal? – Lower Courts must first discover the basic nature of the dispute

“When the dispute in question is discovered to be predominantly of civil nature then an attempt to make it criminal offence should be thwarted and discouraged.”

Case BriefsHigh Courts

Del HC | Vicarious liability under S. 138 NI Act. What is proper stage of raising defence of absence of knowledge by the accused being held vicariously liable for offence committed by company? Explained

Delhi High Court: Rajnish Bhatnagar, J., held that: “Once a cheque is issued by a person, it must be honored and if

Case BriefsHigh Courts

Del HC | Offences like rape & forgery having a bearing on vital societal interest cannot be construed to be merely private or civil disputes

Delhi High Court: Subramonium Prasad, J., with regard to the settlement of disputes stated that: “In crimes which seriously endangers the well

Case BriefsHigh Courts

Del HC | Offences under S. 377 IPC & S. 4 POCSO Act committed on a child aged 7 years, father of victim sought quashing of FIR: Will HC quash the FIR? Read to know

Delhi High Court: Subramonium Prasad, J., in regard to quashing of FIRs expressed that: “High Court cannot mechanically quash FIRs for non-compoundable

Case BriefsHigh Courts

All HC | Woman commits suicide after various cases against her, being subjected to harassment at matrimonial home. Can a case of abetment of suicide be established? HC discusses

Allahabad High Court: Dinesh Kumar Singh-I, J., while discussing abetment of suicide, stated that: “…if some act either of omission or commission

Case BriefsHigh Courts

All HC | “If a Judge makes a mistake, then from where will the general public get fair justice”; HC warns Judicial Magistrate to remain careful while passing Judicial Orders

Allahabad High Court: Manju Rani Chauhan, J., expressed that: “At the present time, only from the temple of justice like Courts, everyone

Case BriefsHigh Courts

HP HC | Inherent powers under S. 482 CrPC is not inhibited by S. 320 CrPC and FIR as well as criminal proceedings can be quashed by exercising the same; HC reiterates

Himachal Pradesh High Court:  Vivek Singh Thakur, J., while exercising powers under Section 482 CrPC, allows the present petition,  stating, “… power

Case BriefsHigh Courts

Madras HC | When in circumstances registration of case is itself an abuse of process of law, Court can exercise inherent powers

Madras High Court: R. Pongiappan, J., addressed the Criminal Original Petition seeking to quash the First Information Report of first respondent police as

Case BriefsHigh Courts

Gau HC | If a woman is divorced, will her status as a wife entitling her to maintenance under S. 125 CrPC change? Read HC’s position

Gauhati High Court: Soumitra Saikia, J., observed that “..a valid decree of divorce by itself is no ground to deny the maintenance to

Case BriefsHigh Courts

P&H HC | Under S. 499 IPC, is it only the ‘family members’ or ‘near relatives’ of deceased person, against whom imputations have been made, can claim to be ‘persons aggrieved’? Court explains

Punjab and Haryana High Court: Sanjay Kumar, J., quashed the proceedings under Section 499 IPC against the petitioner holding that the complainant was

Case BriefsHigh Courts

Del HC | Is it necessary for trial and inquiry for an offence to take place only where the occurrence would have taken place? Law in regard to ‘Jurisdiction’ explained

Delhi High Court: Suresh Kumar Kait, J., addressed a matter involving the determination of jurisdiction with regard to the occurrence of a

Case BriefsHigh Courts

All HC | While exercising inherent jurisdiction under S. 482 CrPC, can High Court make any comment on factual matrix of the case? Court answers

Allahabad High Court: Ram Krishna Gautam, J., held that as per Section 482 Criminal Procedure Code, 1973, while exercising the inherent jurisdiction, High