criminal proceedings Archives

Whether victim’s right to be heard includes the obligation to be impleaded as a party in criminal proceedings; Delhi High Court answers

The Delhi High Court holds that there is no requirement in law to implead the victim to any criminal proceedings, whether instituted by the State or by the accused. The Court further directed the Registry to ensure that anonymity of the victims is strictly maintained.

Case Briefs High Courts

Delhi High Court upholds acquittal of constable giving the benefit of non-compliance of S. 50 NDPS Act

The onus lies on the prosecution to prove that the sample of the contraband seized during investigation proceedings is the same which was forwarded to CFSL for examination and that there is no tampering of the same.

Powers of High Court under Section 482 of CrPC

Case Briefs Supreme Court

High Courts have very limited jurisdiction at the stage of discharge or while exercising its powers under S.482 CrPC: Supreme Court

The Supreme Court held that Punjab & Haryana High Court has exceeded in its jurisdiction in quashing the entire criminal proceedings in exercise of the limited powers under Section 482 CrPC and/or in exercise of the powers under Article 226 of the Constitution

Case Briefs Supreme Court

Petition filed under Section 156(3) CrPC must satisfy the essential ingredients to attract alleged offences: Supreme Court

The Supreme Court observed that if allegations in the petition are vague and are not specific with respect to the alleged offences, it cannot lead to an order for registration of an FIR and investigation on the accusation of commission of the offences alleged.

Case Briefs High Courts

Offence of Rape can be permitted to be compounded to promote family life of complainant and accused; Andhra Pradesh High Court quashes complaint for being made in fit of anger

Woman files petition for compromising an offence under section 376 of IPC, stating that she made the complaint in anger instead of actually being aggrieved.

Case Briefs High Courts

J&K and Ladakh HC | To prevent the “frittering away of the fruits of compromise” HC can quash proceedings for non-compoundable offences if parties have arrived at a settlement

Jammu and Kashmir and Ladakh High Court: While deciding the instant petition wherein the Court was faced with the issue

Case Briefs High Courts

Jharkhand High Court | Criminal proceedings against Directors cannot continue when the Company has not been arrayed as a party

Jharkhand High Court: Sanjay Kumar Dwivedi, J., quashed the criminal proceeding registered under Sections 420, 406, 34, 120-B of the Penal Code

Case Briefs High Courts

Punjab and Haryana High Court | Proceedings in non-compoundable offences can be quashed on the basis of compromise between accused and victim

Punjab and Haryana High Court: In the case relating to the compundable offence under Section 420 of the Penal Code, 1860 and

Case Briefs High Courts

Adjudication proceedings and criminal proceedings can be launched simultaneously; Madras High Court reiterates, setting aside of assessment orders on technical grounds not enough to quash criminal proceedings

Madras High Court: G. Chandrasekharan, J. declined to quash prosecution against actor SJ Suryah as the order of the Income Tax Appellate

Case Briefs Supreme Court

Can employee claim Death-cum-Retirement Gratuity where a criminal appeal in corruption case is pending against him and sentence is suspended? SC answers

Supreme Court: In an interesting case where the Division Bench of Sanjay Kishan Kaul* and M.M. Sundresh, JJ., was to answer whether

Case Briefs High Courts

SC-ST Act is prospective or retrospective? Kar HC quashes criminal proceedings for offences committed in the year 1975

Karnataka High Court: Krishna S Dixit J. quashes the criminal proceedings as the SC-ST act is not retrospective in nature. The petitioners

Case Briefs High Courts

Money laundering offence under PMLA is, layered and multi-fold and includes stages preceding and succeeding offence of laundering money: Del HC

Delhi High Court: While expressing the object of PMLA Act Chandra Dhari Singh, J., expressed that, offence of money laundering is threefold

Case Briefs High Courts

Court can neither be a mute spectator to the whims and fancies of the investigating agency nor be a party to it; Ori HC observes in a case where final form was submitted after 15 years

Orissa High Court: Sashikant Mishra J. allowed the criminal petition and quashed the FIR and the criminal proceeding due to inordinate delay

Experts Corner Kapil Madan

Unlawful Activities (Prevention) Act, 1967: Interpretation on Rigours of Grant of Bail

by Kapil Madan † and Pulkit Pandey††

Case Briefs High Courts

Can FIR/ complaint in non compoundable offences pertaining to matrimonial disputes be quashed? HP HC lays down under what circumstances

Himachal Pradesh High Court: Chander Bhusan Barowalia J. disposed of the petition and quashed the FIR/complaint. The facts of the case are

Case Briefs High Courts

Del HC | Husband, his family harass wife for dowry leading to her committing suicide. Can settlement between accused and wife’s father be accepted? Court decides

Delhi High Court: Mukta Gupta, J., decided whether a settlement of parties wherein an accused and his family members who subjected his

Case Briefs High Courts

‘Madam if you want leave, come and meet me alone’; Chh HC held it not to be a sexually coloured remark; Offence under IPC and SC ST Act not made out

Chhattisgarh High Court: Narendra Kumar Vyas, J., quashed the FIR registered against the petitioner by Respondent 4 at Women Police Station, Bilaspur

Case Briefs Supreme Court

Explained| Burden of proof: Criminal Proceedings versus Departmental Proceedings

The two proceedings, criminal and departmental, are entirely different. They operate in different fields and have different objectives.

Case Briefs High Courts

Person accused under S. 307 IPC if entered into a compromise with victim, can Court quash criminal proceedings in light of settlement? Delhi HC unravels

Delhi High Court: Emphasizing on the gravity of seriousness of Section 307 Penal Code, 1860, Subramonium Prasad, J., observed that, “…an offence

Case Briefs High Courts

Chh HC | When prima facie ingredients of S. 383 IPC is not made out, then the offence under S. 388 IPC cannot be made out

Chhattisgarh High Court: Narendra Kumar Vyas J. allowed the petition and quashed the FIR and the criminal proceedings against the petitioner. The