Section 482 Archives

Explained| Can proceeding under SC/ST Act be quashed on the basis of compromise between accused and victim?

The Courts ought to be vigilant to ensure that the complainant-victim has entered into the compromise on the volition of his/her free will and not on account of any duress. If the Courts find even a hint of compulsion or force, no relief can be given to the accused party.

Case Briefs Supreme Court

In what circumstances can a criminal proceeding be quashed? Supreme Court yet again answers the “hotly debated” question on scope of exercise of HCs’ power under Section 482 CrPC

“The exercise of inherent power of the High Court is an extraordinary power which has to be exercised with great care and circumspection before embarking to scrutinise the complaint/FIR/charge-sheet in deciding whether the case is the rarest of rare case, to scuttle the prosecution at its inception.”

Case Briefs Supreme Court

Activist with “an urge to positively contribute to the society” files plea u/s 482 CrPC seeking expedition of a criminal trial. ‘You have no locus standi’, holds SC

Supreme Court: The 3-judge bench of Ashok Bhushan*, R. Subhash Reddy and MR Shah, JJ has reiterated that an application by a

Case Briefs High Courts

A private person has no locus to pursue an application under Section 311 CrPC

Patna High Court: A Single Judge Bench comprising of Ashwini Kumar Singh, J. dismissed an application filed under Section 482 CrPC against