Allahabad High Court denies relief to an accused in Bareilly Violence Case
Violence erupted when a Maulana allegedly called upon members of a particular community to assemble at the Islamiya Inter College, and the crowd went awry.
quashing of FIR
‘No implementation or execution of mutually settled agreement’: Delhi High Court refuses to quash FIR in matrimonial case
As per the settlement, the husband agreed to deposit a total sum of Rs. 30,00,000. However, the husband merely deposited cheques of certain amounts, which had not been released to the wife, due to husband’s failure to appear in Family Court, resulting in dismissal of divorce petition.
FIR registered to ‘wreak vengeance’ can be quashed: Delhi High Court quashes 17-year-old attempt to murder case against Madhu Kishwar
“Even if the allegations of the complainant are taken at the highest, considering the complainants conviction in a case arising out of same incident, the same can at best be considered as a self-defense or an altercation at the stage when the complainant has formed an unlawful assemble and caused injuries to the petitioner and another person when they were carrying out certain functions assigned to them.”
Karnataka High Court quashes proceedings against man accused of rape by his Bumble date
“A relationship born of mutual volition, even if it founders in disappointment, cannot, save in clearest of cases, be transmuted into an offence under the criminal law.”
Article 226 cannot be invoked to quash FIR, once cognizance of offence has been taken; remedy under Section 528 BNSS can be availed: Supreme Court
In the present case, the High Court could have examined the petitioner’s grievance, since it is evident from the petition, that the petitioner sought to invoke the twin jurisdiction under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR.
‘Stigma of rape should not be on the victim but the perpetrator’; Delhi HC refuses to quash FIR in POCSO case; Imposes Rs 10,000 as costs
“There has to be paradigm shift in societal mindset by attaching stigma to the accused and not to the girl who underwent the horrid suffering by way of rape.”
‘Case that redefines phrase “for the love of dogs”’: Delhi HC quashes FIRs in dog walking dispute between neighbours; directs to pay Rs. 10,000 to dog shelter
“Not quashing the criminal proceedings would rather rekindle hostility, whereas quashing the same would promote cordiality and bonhomie between the neighbours.”
Writing ‘wife needs his death’ and that ‘she tortured him’ in suicide note not enough: Karnataka HC quashes abetment to suicide case against wife
“Reading of the complaint, filed in the present case, would go to show that, necessary ingredients to attract the alleged offence is not found.”
“Farmers’ protest against Jawai Dam water distribution as democratic dissent stemmed from genuine resentment”; Rajasthan High Court quashes FIR
“In a democracy, of the people, by the people, and for the people, peaceful protest is a constitutional right. Simply because an individual took to the streets to protest in order to safeguard their rights when their interests were affected does not imply that they have committed offences.”
Offences under PC & PNDT Act are cognizable, thus, FIR registration and police investigation per se not barred under law: Delhi HC
“From the harmonious reading of the provisions of PC & PNDT Act, which make the offences as cognizable and non-bailable along with the provisions of Criminal Procedure Code, 1973, it cannot be said that no FIR can be registered or that the registration of FIR is barred under PC & PNDT Act.”
‘Section 482 of CrPC cannot be used as an instrument to short circuit prosecution and bring its sudden death’; Delhi HC dismisses petition seeking to quash FIRs
When exercising jurisdiction under Section 482 of CrPC, the Court will not ordinarily embark upon an inquiry whether the evidence in question is reliable or whether on a reasonable appreciation of it the accusations will not be sustained, as that is the function of the Trial Court.
‘Parens Patriae obligates Court to ensure justice not reduced to mere private settlement’; P&H HC refuses to quash abetment to suicide case on basis of compromise
“By allowing legal heirs to settle such cases unilaterally, the justice system would fail in its duty to hold perpetrators accountable, since the crime does not affect only the family but has wider ramifications for society at large.”
Gujarat High Court refuses to quash FIR against Sadhvi accused of duping man of Rs 1.25 crores
“The incomplete and hazy facts coming from the record indicates that further investigation is required in the matter.”
‘Only a defrauded purchaser under sale deed can file cheating case’; SC quashes cheating case against Goa MLA Jit Vinayak Arolkar
“If a person sells a property knowing that it does not belong to him, and thereby defrauds the person who purchased the property, the person defrauded, that is, the purchaser, may complain that the vendor committed the fraudulent act of cheating. But a third party who is not the purchaser under the deed may not be able to make such complaint.”
Telangana HC refuses to quash FIR against Former Minister KT Rao over alleged misuse of public funds in Formula E Championship
“It is relevant to note that the FIR need not disclose any specific offence. The FIR should indicate that prima facie an allegation of commission of an offence exists and such an allegation requires an investigation.”
‘Ends of justice would not be met by quashing FIRs’; Bombay HC refuses to exercise jurisdiction under S. 482, CrPC
“The process of law would take its own course through the trial”
Rivalry between parties can’t override prima facie evidence of overt acts captured on CCTV: Kerala High Court refuses to quash POCSO case
“It is true that, when the parties are in rivalry, false implication of one among them in a serious crime would be resorted to wreak vengeance and to see the obliteration of the opponent. At the same time, there may be occurrences otherwise also.”
2024 SCC Vol. 7 Part 4
Constitution of India — Art. 141 — Decision on question of sentence: Decision on question of sentence can never be regarded as
‘Breaking open lock without wife’s consent was a well-thought out & deliberate act in collusion with her husband’; Bombay HC refuses to quash FIR against landlord
“Where a person is in settled possession of property, even on the assumption that they had no right to remain on the property, they cannot be dispossessed by the owner of the property except by recourse to law.”- Supreme Court in Krishna Ram Mahale v. Shobha Venkat Rao, (1989) 4 SCC 131.
Read why Bombay HC quashed S. 498-A IPC proceedings initiated against husband’s paramour by wife
“For the attraction of Section 498-A, cruelty shall be inflicted upon the wife either by the husband or a relative of the husband; a paramour in extra-marital affair is not a relative of the husband.”