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Search Results for "Inherent Powers"

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Supreme Court

Supreme Court Quashed Criminal Defamation Proceedings Against Editorial Director and Journalists for Non-Compliance with Section 202 CrPC

18 Feb 2025

Issuance of Summons Without Mandatory Inquiry Under Section 202 Code of Criminal Procedure, 1973 (CrPC) Held Vitiated – No Presumption Against Edito...

Supreme Court

Quashing of FIR under Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986 Allowed. Criminal Proceedings – Nature of Allegations Crucial in Determining Applicability of Special Penal Laws – Mere Registration of Multiple FIRs Not Sufficient for Invoking Gangster Act – Civil Disputes Given Criminal Colour Do Not Justify Invocation of the Act – Strict Interpretation of Penal Laws Mandatory – Right to Life & Liberty under Article 21.

12 Feb 2025

Constitution of India, 1950 – Article 21 – Protection of life and personal liberty – Invocation of stringent penal laws requires higher threshol...

Supreme Court

Supreme Court quashed FIR and charge sheet filed under Sections 498A, 504, 506 of the Indian Penal Code, 1860 (“IPC”) read with Sections 3 and 4 of the Dowry Prohibition Act, 1961, citing abuse of process of law. Quashing of criminal proceedings – Allegations of matrimonial cruelty and dowry harassment – FIR filed as counterblast to a pending divorce case – No specific allegations in charge sheet – FIR and charge sheet held vexatious and quashed under Article 142 of the Constitution of India.

12 Feb 2025

Supreme Court observed that the FIR was filed belatedly after the divorce petition. Charge of Section 376 IPC was dropped after two rounds of investi...

Supreme Court

Supreme Court Quashed Criminal Proceedings Against the Appellants Due to Settlement, Despite Section 307 IPC Charges.

12 Feb 2025

Section 307 of the Indian Penal Code, 1860 (IPC) – Quashing of Criminal Proceedings – Distinction Between Compounding and Quashment – Role of Se...

Supreme Court

Supreme Court Quashed Criminal Proceedings Against B.V. Ram Kumar – Allegations Did Not Constitute Offences Under the Indian Penal Code, 1860. Criminal Petition Under Section 482, Code of Criminal Procedure, 1973 – No Prima Facie Case for Offences Under Sections 269, 270, and 504, IPC – Abuse of Process of Law – High Court’s Dismissal Reversed.

10 Feb 2025

Allegations In The FIR And Chargesheet Did Not Disclose The Necessary Ingredients For Offences Under Sections 269, 270, And 504, IPC (Paras 16, 19)Wor...

Supreme Court

Compounding of Offences – Definition of First Offence – Discretion of Tax Authorities.

7 Feb 2025

Income Tax Act, 1961 – Section 276CC – Compounding of Offences – Discretionary Relief – Interpretation of Guidelines – Supreme Court’s Rev...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Appellants in Dowry Harassment and Domestic Violence Case. Generalized Allegations Without Specific Acts Insufficient to Sustain Criminal Charges – Court Emphasizes Need for Specificity in Domestic Violence Cases.

7 Feb 2025

The Supreme Court quashed the criminal proceedings against the Appellants, holding that the allegations were generalized and lacked specific overt act...

Supreme Court

Quashing of Criminal Proceedings Under Section 306 IPC – Supreme Court Ordered Reinvestigation in Suicide Case – Absence of Direct Abetment. Criminal Proceedings Against Appellants Quashed – Special Investigation Team Constituted for Reinvestigation – No Proximate Link Between Accused and Suicide – Mere Verbal Utterances Do Not Constitute Abetment – Abuse of Process of Law Prevented.

7 Feb 2025

Constitution Of India, 1950 – Article 21: Right To Fair Investigation – The Supreme Court Held That A One-Sided Investigation Violates The Fundam...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

Supreme Court

Quashing of FIR – Marriage by Mutual Consent – Protection Under Exception 2 to Section 375 IPC. Supreme Court Quashes FIR Alleging Rape – Holds That Husband Cannot Be Prosecuted Under Section 376 IPC.

31 Jan 2025

Constitution of India, 1950 – Criminal Procedure Code, 1973 – Indian Penal Code, 1860 Quashing of FIR – Criminal Appeal against dismissal of pe...

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