Code of Criminal Procedure, 1973 ; Section 482 – Indian Penal Code, 1860 ; Section 375 – The allegation in the FIR is that the appellant maintained a physical relationship with the victim by giving her a false promise of marriage – The relationship between the appellant and the victim was a consensual relationship which …
In a recent judgment Mohammad Wajid vs State of UP | 2023 INSC 683 , the Supreme Court has expanded the quashing powers of the High Court by invoking Section 482 CrPC. Justice J B Pardiwala, who authored the judgment made the following important observations: Whenever an accused comes before the Court invoking either the …
Singaraju Somasekhar vs State Of Telangana [Telangana HC] : In order to attract Section 354D IPC, the contacting and attempt to contact shall be in respect of outraging the modesty of the woman. The intention here is to continue the relation with the de-facto complainant in spite of clear indication of her disinterest. Here both …
Section 482 CrPC – Quashing Of Criminal Proceedings/FIR [Section 354D IPC] Read More »
The Supreme Court in Radhey Shyam vs Chabbi Nath held that judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution of India. So if a judicial order is not appealable or revisable, one can only invoke the ‘supervisory jurisdiction’ of the High Court by filing a petition under Article 227 …
Can A Writ Petition Be Filed Against A Judicial Order Passed By A Criminal Court? Read More »
Can a petition under Section 482 CrPC be filed to quash a Domestic violence complaint ? Madras HC and Bombay HC (Full Bench Judgments) In a judgment delivered last month, the Madras High Court (Full Bench) in Arul Daniel vs Suganya held that a petition under Section 482 Cr.P.C. challenging a proceeding under Section 12 of the …
S 482 CrPC – Can Inherent Powers Be Invoked To Quash Domestic Violence Complaint? Read More »