Search Results for "civil dispute versus criminal"

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Bombay High Court Quashes FIR in Assault Case Due to Compromise Between Parties — Inherent Powers Under Section 482 CrPC Used to Quash Non-Compoundable Offences Where Settlement is Genuine and Voluntary.

The petitioners filed a criminal writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973,...

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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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Bombay High Court Quashes Magistrate's Order for Further Investigation in Cheating Case — Magistrate Cannot Direct Further Investigation Under Section 173(8) CrPC After Charge Sheet Filed Without New Material

The applicants, Atul Shridhar Kaple and Shabbir Valli Zohebbhai Valli, filed an application under Section 482 of the Code of Criminal Procedure, 1973 ...

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Bombay High Court Quashes FIR for Extortion in Property Dispute — Allegations Found to Be Civil in Nature. Court held that mere demand for money in a property transaction does not constitute extortion under Section 384 IPC when the dispute is essentially civil.

The applicants, Shaikh Mujib, Shaikh Azim, Shaikh Musa, and Shahazad, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (...