Search Results for "non-cognizable offences"

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Search Results for "non-cognizable offences"

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Supreme Court

Supreme Court Quashes Criminal Proceedings in POSCO Case Due to Malicious Prosecution — Complaint Filed with Ulterior Motive to Settle Property Dispute. The Court held that where a criminal complaint is manifestly attended with mala fide and maliciously instituted to wreak vengeance due to private grudge, it is an abuse of process and liable to be quashed under Section 482 CrPC.

31 Jan 2020

The appeal arose from a property dispute between the families of the appellants and the respondent-complainant. A civil suit for partition was pending...

High Court

Bombay High Court Quashes FIR in Rape and Attempt to Murder Case Due to Consensual Relationship and Delay. Relationship between co-accused and complainant was consensual for four years; no offence under Section 376 IPC made out.

7 Aug 2018

The applicants, six individuals including Shankar Baliram Hatwar and others, filed a criminal application under Section 482 of the Code of Criminal Pr...

High Court

Bombay High Court Quashes FIR Against Head Master in Atrocity Case Due to Lack of Prima Facie Evidence. Allegations of Caste-Based Abuse and Attempt to Murder Found Baseless as Complainant's Own Statement Implicated Only Unknown Persons, Not the Applicant.

23 Jul 2018

The applicant, Vijay Sahadeorao Waghmare, a Head Master at Golden Kids High School, Amravati, filed an application under Section 482 of the Code of Cr...

High Court

Bombay High Court Quashes Section 138 NI Act Proceedings Against Complainant's Husband Due to Lack of Vicarious Liability. The court held that the husband of the complainant cannot be prosecuted for dishonour of cheques issued by the wife in discharge of her own liability, as there is no vicarious liability under Section 138 of the Negotiable Instruments Act, 1881.

13 Oct 2017

The applicant, A.C. Narayanan, was impleaded as an accused in complaints filed by respondent no.2 for offences punishable under Section 138 of the Neg...

High Court

Bombay High Court Quashes Criminal Proceedings in Domestic Violence Case Due to Settlement Between Parties — Section 482 CrPC Used to Prevent Abuse of Process. The court held that when parties have amicably settled their differences and the complainant has no objection, quashing proceedings serves the ends of justice.

28 Jul 2017

The applicants, Rajendra Digamber Pawar, Vijaya Digamber Pawar, Digamber Jivlag Pawar, and Baby Saroja Angad Biradar, filed a criminal application und...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Cases Due to Non-Compliance with Section 142 of Negotiable Instruments Act, 1881 — Complaints Filed Without Proper Verification and Affidavit

24 Jul 2014

The case involves four criminal applications filed by the applicant challenging the issuance of process in complaints under Section 138 of the Negotia...

High Court

Bombay High Court Allows Victim Compensation Appeals Under Section 357A CrPC — State Must Compensate Victims Even if Accused Acquitted or Untraced. The court held that victim compensation is a mandatory duty of the State, not dependent on conviction of the accused.

27 Apr 2012

The judgment concerns four criminal appeals (Criminal Appeal Nos. 991, 992, 331, and 854 of 2011) heard together by the Bombay High Court. The appeals...

High Court

Bombay High Court Allows Appeal in SC/ST Act Case — Conviction Set Aside Due to Lack of Evidence of Public View. Caste-Based Insult Allegation Fails as Incident Occurred Inside House, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

28 Feb 2012

The appellant, Digambar Bhujang Kamble, was convicted by the trial court for an offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tr...

High Court

Bombay High Court Quashes Process Against Sales Executives in Criminal Breach of Trust Case — No Specific Allegations of Misappropriation or Dishonest Intent. Applicants, being lower-level employees, cannot be vicariously liable for criminal breach of trust under Sections 403, 406, 418, 468 r/w 34 IPC without specific overt acts.

27 Jul 2010

The case arises from a criminal complaint filed by respondent No. 1, Asha Shrikant Patel, against eight accused persons including the applicants (accu...

High Court

Bombay High Court Quashes FIR Against Elderly Accused in SC/ST Act Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred Inside House, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

30 Nov -0001

The applicants, seven individuals including elderly persons, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (C...

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