Search Results for "charge sheet quashing"

1575 result(s) found

Scroll Down To Discover

Found 1575 result(s)

© Image Copyrights Juris Services & Technology

Gujarat High Court Allows Petitioner's Writ in Service Matter Due to Inordinate Delay in Departmental Inquiry. Charge-Sheet Quashed and Retiral Benefits Ordered with Interest for Unreasonable Delay of 15 Years in Concluding Inquiry.

The petitioner, Sanja Ukabhai Gangarambhai, was appointed as an Educational Supervisor, Class-III in 1979 with the Municipal School Board, Rajkot. In ...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Considers Quashing of Criminal Proceedings for Offences of Forgery and Cheating in Property Dispute; Private Complaint Alleged to Mirror Civil Suit for Possession

The High Court of Karnataka, Dharwad Bench, dealt with a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) s...

© Image Copyrights Juris Services & Technology

Karnataka High Court Hears Quashing Petition in SC/ST and POCSO Case. Accused Seek to Quash Charge Sheet and Cognizance Order in Offences Including Rape and Caste-Based Atrocities Under Multiple Acts.

The criminal petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash the charge sheet and cognizance ord...

© Image Copyrights Juris Services & Technology

Quashing of FIR Set Aside — Supreme Court Reiterates Limits of Section 482 CrPC in Property Fraud Cases.

The Supreme Court set aside the Madras High Court’s order quashing criminal proceedings arising from alleged fraudulent settlement deeds in a fa...

© Image Copyrights Juris Services & Technology

High Court Quashes FIR Against Landowners in Cheating Case, Holds Civil Dispute Not Criminal. FIR Quashed as Civil Suit for Specific Performance Already Pending; No Criminal Intent Found Under Sections 406 and 420 IPC.

The dispute pertained to an agricultural land transaction where the accused persons had entered into a notarized agreement to sell dated 10th March 20...

© Image Copyrights Juris Services & Technology

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.

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

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes FIRs in Multiple Cheque Bounce Cases Due to Non-Compliance with Mandatory Pre-Litigation Mediation Under Section 148 of NI Act. Court holds that failure to refer disputes to mediation before taking cognizance renders criminal proceedings invalid.

The Bombay High Court dealt with multiple writ petitions under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...