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“Each case will have to be addressed in the peculiar facts obtaining therein, and there cannot be an en bloc conclusion that the quashment is wholly impermissible in cases involving POCSO offences.”
Before exercising the power under Section 482 of CrPC, the High Court must have due regard to the nature and gravity of the crime besides observing and holding that heinous and serious offences could not be quashed even though a victim or victim’s family and the offender had settled.
Read about the significant criminal law matters heard and decided by the Supreme Court and High Courts in October 2024
The Delhi High Court opined that true justice, and the ends of justice would not be served by quashing the FIR without a trial, but by conducting a trial to fairly ascertain the real culprit, whether it be the accused or the complainant.
Cases under Section 153A are on the rise and the onus is on the police/State to ensure that the said provision is not misused by anyone, much less, political parties.
Bombay High Court: In a case filed by the mother of a 9-year-old minor boy, seeking quashing of the FIR
Delhi High Court: In a batch of petitions filed assailing proceedings initiated by the respondent- State under the Prohibition of
Delhi High Court: In a case filed by Shilpi Chaudhary (‘petitioner’) seeking quashing of FIR, which was registered alleging offences
Bombay High Court: In a case filed by Lata (‘petitioner’) daughter of the deceased who committed suicide and left a
Delhi High Court: In a petition filed by Jaideep Singh (’Petitioner’) for quashing of FIR registered by Shaildendra Singh (‘Respondent
Orissa High Court: Sashikant Mishra J. allowed the criminal petition and quashed the FIR and the criminal proceeding due to inordinate delay
Himachal Pradesh High Court: Chander Bhusan Barowalia J. disposed of the petition and quashed the FIR/complaint. The facts of the case are
Uttaranchal High Court: A Single Judge Bench comprising of V.K. Bisht, J. allowed a criminal miscellaneous petition filed under Section 482 CrPC
Rajasthan High Court: A Single Judge Bench comprising of Arun Bhansali J., dismissed a writ petition on the basis of unreasonable and
Delhi High Court: A Single Judge Bench of the Delhi High Court ruled that proceedings under Sections 498-A, 406 read with 34