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Search Results for "Charge-sheet"

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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

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

NSEL Scam: High Court Upholds Special Court’s Power to Summon Additional Accused Under Section 190 CrPC – NSEL’s Application Maintainable Despite Being an Accused

7 Feb 2025

Bombay High Court Clarifies Scope of Section 190 CrPC in MPID Act Cases – Accused Can Seek Impleadment of Other Accused at Pre-Trial Stage The&...

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...

High Court

Engineer’s Future Secured: Bombay High Court Quashes NDPS Case Due to Lack of Evidence "In a significant decision, the Bombay High Court quashed a case under the NDPS Act, citing lack of evidence and procedural lapses."

6 Dec 2024

Petitioner, a young engineer aspiring to study abroad, filed a writ petition seeking quashing of an FIR under Sections 8(c) and 27 of the NDPS Act, 1...

Supreme Court

Supreme Court Quashes Proceedings Under Arms Act for Lack of Evidence. Possession of a Buttondar Knife Without Intent for Sale or Test Does Not Constitute an Offense Under the Arms Act.

3 Dec 2024

Introduction Para 1-2: Criminal appeal under the Supreme Court arising from FIR No. 477/2022. Appellant seeks quashing of FIR under Sections 25, ...

High Court

"Criminal Proceedings Quashed: Bombay High Court Relies on Settlement for Ends of Justice" Balancing law and justice, the Bombay High Court quashes criminal proceedings in a dowry-related case after settlement and mutual divorce between parties.

13 Nov 2024

Typographical Correction Leave granted to amend typographical errors. Amendment to be carried out by counsel for the applicants. Hea...

High Court

Writ Petition under Article 226 for Quashing of Sessions Trial Proceedings Allowed by Bombay High Court The Bombay High Court quashed criminal proceedings against two petitioners accused of conspiring to murder, referencing earlier court findings that the conspiracy and contract killing were not proven.

23 Oct 2024

Introduction (Paras 1-2):The petitioners filed a Writ Petition under Article 226 of the Constitution and Section 482 of the CrPC to quash the ...

Supreme Court

Supreme Court Dismisses Appeal, Discharges Ex-CMD in Fraud Case Involving Electrotherm (India) Ltd. Supreme Court finds insufficient evidence against ex-CMD in Rs. 436 crore loan fraud; dismisses CBI's appeal while observing that suspicion alone does not justify charges.

16 Oct 2024

The Supreme Court upheld the discharge of the former Chairman and Managing Director (CMD) of Central Bank of India (Accused No. 7) in a case involving...

High Court

Bail Granted on Grounds of Long Incarceration with Stringent Conditions. High Court Grants Bail After Considering Delay in Trial and Applicant's Young Age

16 Oct 2024

The High Court granted bail to the applicant, considering the long period of incarceration without substantial progress in the trial. Despite oppositi...

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