Search Results for "section 323 CrPC"

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Search Results for "section 323 CrPC"

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Supreme Court

Supreme Court Allows Quashing of Criminal Proceedings in Section 307 IPC Case Where Parties Settled Dispute — Distinguishes Compounding from Quashing Under Section 482 CrPC. The Court held that the High Court erred in treating the application for quashing as one for compounding and that the dispute, arising from a family/neighbourhood water irrigation conflict, was fit for quashing as the injury was not serious and the parties had settled.

12 Feb 2025

The Supreme Court allowed an appeal against the Allahabad High Court's order refusing to quash criminal proceedings under Section 307 IPC despite a co...

Supreme Court

Supreme Court Allows Appeal Against Summoning Order in Criminal Case — Magistrate Erred in Taking Cognizance Under Section 190(1)(b) Cr.P.C. While Relying on Affidavits Filed with Protest Petition. The Court Held That Where Additional Evidence Such as Affidavits Is Considered, the Protest Petition Must Be Treated as a Complaint Under Section 190(1)(a) Cr.P.C. and Proceeded Under Chapter XV of the Cr.P.C.

29 Apr 2024

The Supreme Court allowed the appeal filed by Mukhtar Zaidi against the order of the Allahabad High Court dismissing his petition under Section 482 Cr...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in SC/ST Atrocities Case — Prosecution Fails to Prove Caste-Based Insult and Assault Beyond Reasonable Doubt. The Court upheld the trial court's finding that the essential ingredients of Section 3(1)(x) of SC/ST Act were not made out as the alleged insult was not in public view and the assault was not corroborated by medical evidence.

21 Nov 2022

The State of Karnataka, through Holalkere Police Station, filed an appeal under Section 378(1) & (3) of the Code of Criminal Procedure, 1973, challeng...

Supreme Court

Supreme Court Allows Appeal in SC/ST Act Case — Summoning Order Under Section 319 CrPC Set Aside for Lack of Sufficient Evidence. Court holds that mere naming of accused in witness deposition without corroboration or satisfaction of higher standard under Section 319 CrPC cannot justify summoning.

1 Jun 2022

The Supreme Court allowed the appeal filed by Jitendra Nath Mishra against the order of the Allahabad High Court dated 1st June 2022, which had dismis...

High Court

Bombay High Court Upholds Committal of Accused to Sessions Court in IPC Section 353 Case Due to State Amendment Enhancing Punishment. Amendment by Maharashtra Act 40 of 2018 reclassifies offence as triable by Sessions Court, and Section 323 CrPC mandates committal even if trial is at final stage.

8 Dec 2021

The petitioner, Kedar Rayjirao Salunke, was being prosecuted for offences punishable under Sections 353, 504, and 506(2) of the Indian Penal Code (IPC...

High Court

Bombay High Court Quashes Criminal Proceedings in Dowry Harassment Case Due to Settlement Between Parties. Section 482 CrPC invoked to quash FIR under Sections 498-A, 323, 504, 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, as parties amicably settled disputes and complainant no longer wished to prosecute.

18 Mar 2021

The applicant, Supriya Raju @ Rajkumar Biradar, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Re...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Dowry Harassment Case Due to Settlement Between Parties. Court Allows Compromise in Non-Compoundable Offences Under Section 482 CrPC to Secure Ends of Justice.

10 Dec 2020

The petitioners, including the husband and his relatives, filed two criminal petitions under Section 482 of the Code of Criminal Procedure, 1973, seek...

Supreme Court

Supreme Court Sets Aside Remand Order in Murder Case, Directs High Court to Decide Appeal on Merits — Child Witness Competency Erroneously Assessed by Trial Court. The Court held that the trial court's refusal to record evidence of child witnesses solely because they did not know the judge was manifestly erroneous, but remand after five years would cause prejudice; hence the High Court must decide the appeal on existing evidence.

10 May 2019

The appellant, P Ramesh, was convicted by the Sessions Judge, Fast Track Mahila Court, Virudhunagar District at Srivilliputtur for the murder of his w...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Private Complaint for Unlawful Assembly and Assault Due to Lack of Specific Allegations Against Petitioner. Relationship Dispute Not Constituting Criminal Offence Under Sections 143, 147, 148, 323, 324, 506 read with 149 IPC.

2 Feb 2017

The petitioner, Tuggeppa Hanumantappa Desai, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashi...

High Court

High Court of Karnataka Quashes Transfer Order in SC/ST Atrocities Case — Sessions Court Exceeded Jurisdiction Under Section 228 CrPC. Transfer of case from Sessions Court to District and Sessions Judge for lack of territorial jurisdiction held invalid as Sessions Court had no power to transfer after committal.

13 Mar 2014

The petitioners, who were the complainants in S.C. No.162/2013 pending before the Sessions Court, Shimoga, filed a petition under Section 482 CrPC see...

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