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Search Results for "Quashing FIR"

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Supreme Court

Supreme Court Restores Criminal Proceedings in Dowry Harassment Case Quashed by High Court — Emphasizes Prima Facie Case Under Section 498A IPC and Dowry Prohibition Act. High Court's Quashing Order Set Aside as Allegations in FIR Disclosed Offences Under Section 498A IPC and Sections 3/4 Dowry Prohibition Act, 1961.

19 Jul 2025

The Supreme Court allowed the appeal filed by the wife (Muskan) against the order of the Madhya Pradesh High Court at Indore dated 19.07.2024, which h...

High Court

High Court of Karnataka Quashes FIR in Rape Case Due to Lack of Prima Facie Evidence and Malafide Prosecution. Allegations of Rape on False Promise of Marriage Found Baseless as Relationship Was Consensual and Complaint Filed After Civil Dispute.

30 Sep 2024

The petitioner, Arunkumar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) and Section 528 of the Bharatiya...

Supreme Court

Supreme Court clarifies the scope of possession of child pornography under POCSO and IT Act. Mere possession or downloading of child pornography is not an offense under POCSO unless accompanied by intent to distribute or transmit. However, POCSO's strict provisions aim to protect children, considering child pornography's significant impact on societal welfare.

23 Sep 2024

Scope of Section 15 of the POCSO: The primary legal issue was whether mere possession of child pornographic material without intent to distribut...

High Court

High Court of Karnataka Quashes FIR in Corruption Case Against Panchayat Development Officer and Family Members — Lack of Sanction Under Section 19 of PC Act Renders Prosecution Invalid. FIR under Sections 13(1)(b), 13(2), and 12 of Prevention of Corruption Act, 1988 quashed as no prior sanction obtained for public servant accused.

27 May 2024

The petitioners, Sri D.M. Padmanabha (a Panchayat Development Officer), his wife Smt. Bhavya, and mother Smt. Lakshmamma, filed a writ petition under ...

Supreme Court

Supreme Court Reinstates Criminal Proceedings in Corruption Case Overturning High Court's Quashing of FIR. The Court held that authorization under Section 3 of J&K Prevention of Corruption Act, 2006 does not require a reasoned order, preliminary enquiry is permissible under Lalita Kumari, and the FIR disclosed cognizable offences of misappropriation under the Act.

29 Oct 2021

The dispute arose from criminal proceedings initiated against the respondent, a government official, for alleged corruption in the purchase of medical...

Supreme Court

Supreme Court Sets Aside High Court Order Quashing FIR for Attempt to Murder Based on Compromise. High Court Mechanically Exercised Inherent Powers Under Section 482 CrPC Without Considering Gravity of Offence Under Section 307 IPC and Its Social Impact.

27 Mar 2019

The State of Madhya Pradesh appealed against the High Court's order quashing criminal proceedings against Laxmi Narayan and others for offences under ...

High Court

High Court of Bombay at Goa Quashes FIR and Chargesheet in Criminal Writ Petition on Ground of Second FIR Being Incompetent — Principle of Law Against Multiple FIRs for Same Transaction Applied. The court held that a second FIR based on the same transaction as a prior FIR is not maintainable and amounts to abuse of process of law.

5 Dec 2017

The petitioner, Hiro Kewalramani, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of C...

High Court

Bombay High Court Quashes Second FIR Registered on Complaint of Accused in Same Incident — Bar on Multiple FIRs for Same Offence Under Section 154 Cr.P.C. The court held that registration of a second FIR on same facts after charge sheet is filed is impermissible and amounts to abuse of process, and the Magistrate's order under Section 156(3) Cr.P.C. cannot be used to direct a fresh FIR.

17 Apr 2017

The applicants, who were accused in a suicide abetment case, filed a criminal application under Section 482 Cr.P.C. seeking quashing of a second FIR r...

High Court

Bombay High Court Quashes FIR Against Parents-in-Law in Dowry Harassment and Abetment to Suicide Case — No Proximate Link Between Alleged Cruelty and Suicide. Vague and Omnibus Allegations Against Aged In-laws Do Not Constitute Cruelty Under Section 498-A IPC or Abetment Under Section 306 IPC.

31 Mar 2017

The petitioners, Suresh Tayde and his wife Shadubai, filed a criminal writ petition under Article 226 of the Constitution read with Section 482 of the...

High Court

Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

30 Nov -0001

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...

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