#FIR Quashed

[lawtoppers]

Punjab and Haryana High Court Quashes FIR Against YouTuber Elvish Yadav

[mishrasatty7]

498A Jail to Husband, Now Pay Fine- Supreme Court

Note: This story has not been edited by LegalSeva and is generated from a news syndicate feed. Greed for dowry gold: SC awards 3-mth imprisonment, *3 lakh fine to groom New Delhi: A groom’s greed for dowry gold tore apart his marriage within three days, entailed dowry harassment prosecution for 19 years, in-carceration for three months, and now the Supreme Court has asked him to pay a…

[advocate-paresh-m-modi]

Top Criminal Lawyer in Mumbai | Bombay High Court Advocate for Bail | Paresh M Modi | FIR Quashing Lawyer in Mumbai

https://www.advocatepmmodi.in/top-criminal-lawyer-in-mumbai/

[lawzapo-legal]

Can a FIR against my brother in law affect my career even though I was never arrested or convicted?

As you have been found not guilty or acquitted, you will not face any problems in your career now or in future.

In case of arrest or summons issued against you, you will need to follow a different process.

You need to obtain a copy of the judgement and keep it with you for future use if any situation warrants.

Unless and until the court convict an accused he is deemed to be innocent.

In your case a FIR is filed against you, it's only an allegation against you and after filing FIR, in investigation conducted by police, no evidence was traced by police supporting allegation against you in FIR as such in the initial stage itself the prosecution find your innocence and closed case.

So if a court has convicted then your carrier might have affected but you r innocence revealed by the prosecution itself on closing case which shows that a false case is registered against you

It will not effect your carrier in any manner.

You may file for quashing of FIR to get rid of the case under section 482 of the Code of Criminal Procedure. before the concerned high court.

FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused.

A FIR can be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.

Reference Laws: FIR

[seemabhatnagar]

"Teacher's Plea to Quash FIR Under POCSO Act Rejected: Court Emphasizes Need for Thorough Investigation"

The High Court dismissed the petition praying for the quashing of the FIR.

The Court noted that the complaint is more than horrendous, for the reason that the petitioner is a teacher; being a teacher it is indecorous on the part of the petitioner to have allegedly shot the videos and taken pictures of girl children at the time when they are changing their dress, the alleged offence is unpardonable, albeit prima facie. If this cannot become a crime, it is ununderstandable as to what else can be. It is for the petitioner to come out clean in a full blown trial, as any entertainment of the petition at this juncture, at the stage of registration of crime, would be putting a premium on the illegal activities of the petitioner/ teacher.

Background:

Muniyappa was employed as a drawing teacher at Morarji Desai Residential School. On December 15, 2023, the Joint Director of the Social Welfare Department received a complaint through the control room, alleging that Muniyappa had recorded videos and taken photographs of minor girls at the school while they were changing clothes. This led to the registration of FIR No. 209/2023 under Section 12 of the Protection of Children from Sexual Offences (POCSO) Act by the Masthi Police Station.

Legal Issue

Whether the FIR against Muniyappa under Section 12 of the POCSO Act should be quashed on the grounds of procedural irregularities and alleged malice.

Argument of the Parties

Petitioner's Argument

The investigation began unlawfully before the FIR was registered, violating legal procedures.

The complaint was motivated by personal vendetta because Muniyappa had earlier reported the misuse of school children for cleaning water and sewerage tanks.

The complaint contained corrections, indicating that it was fabricated to malign Muniyappa.

Respondents (State of Karnataka and the Joint Director, Social Welfare Department):

Muniyappa's actions constituted a clear offense under Section 12 of the POCSO Act.

The evidence, including videos and photographs on the seized mobile phones, confirmed the allegations.

The Petitioner-Muniyappa was not cooperating with the investigation, as he refused to unlock one of his mobile phones, which likely contained incriminating evidence.

Muniyappa recorded inappropriate videos and took photographs of the girls, which was substantiated by evidence from his mobile devices.

Court's Observation

The court noted the procedural concerns raised by Muniyappa but emphasized the seriousness of the allegations under the POCSO Act and the need for a thorough investigation to determine the truth.

It examined the sequence of events, including the timing of the complaint, the seizure of the mobile phones, and the registration of the FIR. The court considered the arguments regarding the tampering of the complaint and the handling of electronic evidence.

The court was cautious in considering the petitioner's argument about the complaint being fabricated, given the sensitive nature of the allegations involving minor students.

[amlawfrimseo]

High Court of Bombay Dismisses Petition to Quash FIR

High Court of Bombay Dismisses Petition to Quash FIR in Matrimonial Dispute

On 22nd July 2024, the High Court of Bombay, comprising Justices A. S. Gadkari and Dr. Neela Gokhale, dismissed a petition seeking to quash an FIR under sections 498-A, 406, 504, and 34 of the Indian Penal Code. The case involved allegations of matrimonial cruelty.

Case Background

The petitioners, consisting of a husband, father-in-law, and three sisters-in-law, were accused by the complainant of severe harassment and cruelty. The complainant alleged that after her marriage in December 2021, she faced abuse and unreasonable demands from her in-laws, including being forced to perform all household chores and subjected to degrading checks via WhatsApp video calls.

To know  more on the case : https://www.amlawfirm.in/post/high-court-of-bombay-dismisses-petition-to-quash-fir-in-matrimonial-dispute

[slglegal22]

Navigating the complexities of the legal system can be daunting, but with the right legal partner by your side, you can confidently tackle any legal challenge that comes your way. Enter SLG Legal, a premier law firm renowned for its expertise, integrity, and commitment to client success. As the Top Law Firm in Delhi High Court, It stands ready to fulfill all your legal needs with precision, professionalism, and unwavering dedication. Join us as we explore how It can be your trusted ally in the pursuit of justice.

[theancienttimesnews]

Once FIR is quashed, media must delete articles regarding filing of FIR since they harm reputation: Gujarat High Court

Once a First Information Report (FIR) is quashed, the media should delete news articles reporting the lodging of the said FIR, as they could harm the reputation and goodwill of the person against whom the case was lodged, the Gujarat High Court observed on Wednesday. A Division Bench of Chief Justice Sunita Agarwal and Justice NV Anjaria was hearing a letters patent appeal filed by an NRI…

[westnort-southeast]

In a vibrant spring afternoon, the sun gently filtered through the windows of Aaron Mercury's luxurious apartment, highlighting the minimalist elegance that characterized his home. Aaron, a successful entrepreneur known for his ventures in the gourmet dining sector, was browsing through his social media. With over a million followers on TikTok, Aaron was famous for his videos blending business tips with a dose of glamorous lifestyle.

However, this tranquility was abruptly interrupted by a phone call that would change his life forever. The phone rang insistently, and upon answering, a deep, threatening voice spoke to him from the other side. It was Marco Díaz, a ruthless criminal who had managed to escape from prison. Marco, an expert in dark magic and occult arts, had devised a twisted plan to swap bodies with someone who could offer him a new life of luxury and power.

In a moment of distraction, while Aaron tried to make sense of what was happening, Marco managed to transfer his consciousness into the businessman's body, leaving Aaron trapped in the criminal's body. Aaron suddenly found himself in a dark and unfamiliar world, unable to comprehend how he had ended up in this situation. Meanwhile, Marco, now in Aaron's body, relished in his new identity.

With the charm and appearance of a successful entrepreneur, Marco began to exploit the advantages that Aaron's life offered him. His physical presence, now more attractive and seductive thanks to Aaron's body, turned him into a sexier and more powerful version of himself. Marco skillfully navigated the high society circles Aaron frequented, seducing multiple women with his charisma and charm amplified by the body swap.

"Look how you shine now, Aaron," Marco murmured to himself as he observed his reflection in the mirror, appreciating every detail of his new appearance. "This body offers me more than I ever dreamed of. I have money, prestige, and power in the palm of my hand."

Meanwhile, the real Aaron Mercury, trapped in Marco's body, was forced to follow the criminal's orders. Marco had threatened to ruin his life and reputation if he resisted or reported him. Aaron, in a state of shock and desperation, was compelled to act as Marco's henchman, participating in increasingly dangerous and morally questionable activities to maintain appearances.

Over time, Aaron began to develop skills and knowledge that originally belonged to Marco. The merging of their identities started to alter his thoughts and behaviors, leading him to face internal conflicts about who he really was and what his future would hold. Despite everything, Aaron couldn't help but feel a growing sense of revulsion towards Marco's actions and how he was using his body to satisfy his own desires and ambitions.

The situation became even more complicated when Aaron, who had led a relatively reserved life before the body swap, suddenly found himself with a legion of admirers who were captivated by the charismatic and attractive businessman that Marco now appeared to be in his body. Women approached him at events and social gatherings, fascinated by his new aura of power and mystery.

"You can't escape this, Aaron," Marco reminded him with a sinister smile. "This body and this life are mine now. If you try anything, I'll destroy everything you've ever loved."

Weeks turned into months, and Aaron's life became a constant nightmare of lies and deceit as he struggled internally to find a way to reclaim his true body and expose Marco. However, every attempt to escape or reveal the truth was quickly quashed by Marco, who ensured he maintained absolute control over him.

Meanwhile, Marco, enjoying the fruits of his new life, exponentially expanded his drug trafficking network using Aaron Mercury's resources and influence to consolidate his position as one of the region's most feared and powerful criminals. His new appearance and charisma made him an even more enigmatic and dangerous figure within the criminal underworld.

My first story also in English; perhaps with enough support, I'll continue writing.

[trend932455660]

High Court Criminal Lawyers in Bangalore

Why Hire a High Court Criminal Lawyer?

The High Court serves as a vital judicial body, handling appeals, writ petitions, and criminal matters. Representing a case in the High Court demands a comprehensive understanding of legal procedures and criminal laws. Here’s why hiring a skilled High Court criminal lawyer is indispensable:

1. Expertise in Criminal Law

Criminal cases involve intricate legal frameworks, including the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and other statutes. High Court criminal lawyers possess the expertise to interpret laws, strategize effectively, and handle cases involving theft, fraud, assault, narcotics, or white-collar crimes.

At HNCK AND ASSOCIATES, we specialize in dealing with complex criminal matters. Our seasoned team ensures that every case is approached with thorough preparation and a tailored strategy.

2. Navigating High Court Proceedings

High Court proceedings differ significantly from lower courts. The emphasis on legal drafting, filing procedures, and courtroom arguments requires skill and precision. Experienced High Court criminal lawyers handle the procedural intricacies while ensuring that every aspect of the case aligns with legal norms.

3. Building a Strong Defense

In criminal cases, building a robust defense is paramount. A skilled lawyer evaluates evidence, examines witness statements, and identifies loopholes in the prosecution’s arguments. This meticulous approach often determines the outcome of a case. At HNCK AND ASSOCIATES, we prioritize crafting a solid defense for our clients.

Types of Criminal Cases Handled by High Court Lawyers

Criminal law is vast, encompassing various types of cases. Below are the categories commonly dealt with by High Court criminal lawyers:

1. Bail Matters

Securing bail is one of the most critical aspects of a criminal case. A competent lawyer files bail applications and argues convincingly to ensure that the accused is granted bail. HNCK AND ASSOCIATES has a track record of successfully handling bail matters in the High Court.

2. Appeals Against Conviction

When a lower court delivers an unfavorable judgment, the High Court provides an opportunity to challenge the decision. Lawyers with expertise in appellate litigation file and argue appeals to seek justice for their clients.

3. Quashing of FIRs

Many individuals face false accusations or frivolous FIRs. A skilled High Court lawyer can file petitions to quash baseless FIRs, ensuring relief for the aggrieved party. Our team at HNCK AND ASSOCIATES has effectively resolved numerous cases by quashing unjust FIRs.

4. Writ Petitions

High Courts entertain writ petitions for violations of fundamental rights under Articles 226 and 227 of the Indian Constitution. Criminal lawyers often use writ petitions to challenge unlawful arrests or detentions.

5. Criminal Revision Petitions

These petitions address errors in lower court judgments. High Court lawyers draft and argue revision petitions to rectify mistakes and secure fair outcomes.

Qualities to Look for in a High Court Criminal Lawyer

The outcome of a criminal case often hinges on the lawyer you choose. To ensure effective representation, consider the following qualities:

1. Extensive Knowledge of Criminal Law

Your lawyer should possess a deep understanding of criminal laws, legal precedents, and judicial interpretations. At HNCK AND ASSOCIATES, our team stays updated with the latest legal developments to provide top-notch representation.

2. Excellent Communication Skills

Clear communication is essential for presenting arguments effectively in court. A skilled lawyer articulates complex legal concepts in an understandable manner, both inside and outside the courtroom.

3. Analytical Thinking

A successful High Court criminal lawyer analyzes every detail of the case, from evidence to witness testimonies, to identify weaknesses in the opposition’s arguments.

4. Strong Research Skills

Legal research forms the backbone of any case. Lawyers must invest time in studying case laws, statutes, and judicial interpretations to build a compelling argument.

Why Choose HNCK AND ASSOCIATES?

Bangalore has no shortage of legal professionals, but HNCK AND ASSOCIATES stands out for several reasons:

1. Proven Track Record

Our firm has a history of successfully handling complex criminal cases. We have represented clients in the High Court with diligence and commitment, earning their trust and confidence.

2. Client-Centric Approach

At HNCK AND ASSOCIATES, we prioritize our clients’ needs. From initial consultations to courtroom representation, we ensure that clients are informed and involved in every step of the process.

3. Dedicated Legal Team

Our team consists of experienced lawyers specializing in criminal law. We collaborate to provide comprehensive legal solutions tailored to each case.

4. Transparent Communication

We believe in maintaining transparency with our clients. Every aspect of the case, including potential challenges and outcomes, is discussed openly to avoid surprises.

5. Strategic Planning

Every case is unique, and our lawyers develop customized strategies to achieve the best possible outcomes. Whether it’s securing bail, filing appeals, or arguing writ petitions, we focus on delivering results.

How to Hire the Right Criminal Lawyer?

Finding the right criminal lawyer can be overwhelming. Follow these steps to make an informed decision:

Step 1: Research Reputed Law Firms

Look for law firms with expertise in criminal law and a strong presence in the High Court. Reviews, testimonials, and case studies can help gauge the firm’s credibility.

Step 2: Schedule a Consultation

A consultation allows you to discuss your case and understand the lawyer’s approach. At HNCK AND ASSOCIATES, we offer consultations to assess your legal needs and provide clarity.

Step 3: Evaluate Experience

Ensure the lawyer has experience handling cases similar to yours. High Court criminal cases require specific expertise, which experienced lawyers bring to the table.

Step 4: Discuss Fees and Payment Terms

Legal services come at a cost, so discuss fees upfront to avoid misunderstandings later. Our firm maintains transparency in fee structures, ensuring clients know what to expect.

Common Challenges in High Court Criminal Cases

Criminal cases in the High Court are often fraught with challenges, including:

1. Complex Legal Procedures

The High Court demands strict adherence to procedural norms, which can be overwhelming for those unfamiliar with legal intricacies.

2. Delays in Proceedings

Due to the volume of cases, delays are common. An experienced lawyer navigates these delays efficiently, ensuring timely progress.

3. Evidence and Witness Management

Presenting evidence and managing witnesses require careful planning. Missteps can weaken the case, making skilled representation critical.

4. Emotional Stress

Criminal cases often involve emotional turmoil for clients and their families. At HNCK AND ASSOCIATES, we provide not just legal guidance but also emotional support to help clients navigate this challenging phase.

Conclusion

When it comes to High Court criminal cases, choosing the right legal representation can make all the difference. At HNCK AND ASSOCIATES, we bring unparalleled expertise, dedication, and a client-first approach to every case we handle. From securing bail to filing appeals, our team ensures that justice is served.

If you’re facing legal challenges or require assistance in criminal matters, trust HNCK AND ASSOCIATES to deliver results. Contact us today for a consultation and take the first step toward safeguarding your rights and interests.

[familykanoon]

The Growing Misuse of Section 498A & Legal Steps to Safeguard Against False Allegations

Misuse of section 498A is quite common. Many females misuse Section 498A for their personal vendetta. Indian Penal Code (IPC) Section 498A was introduced to safeguard married women from cruelty and harassment. This section specifically addresses violence by the husband or his relatives, often tied to dowry demands or mental and physical abuse. However, the increasing misuse of Section 498A is alarming.

What Does Section 498A State?

As per IPC Section 498A, "Husband or relative of husband of a woman subjecting her to cruelty, shall be subject to imprisonment for a term of three years and shall also be liable to fine." The term "cruelty" includes any willful conduct likely to drive a woman to suicide, harassment with a demand for dowry, or infliction of mental or physical harm to compel her compliance. While this section has provided protection for many women, its misuse has also led to innocent individuals being wrongfully implicated.

The Problem of Misuse

The law was intended to address dowry harassment. But it is often misused as a weapon rather than a shield. Common scenarios of misuse include filing false complaints after marital disputes, exploiting the law to demand financial or personal settlements, and threatening the husband's family with legal action to exert undue pressure. 

Remedies for False Allegations Under Section 498A

If falsely accused under Section 498A IPC, here are the legal steps you can take:

Gather EvidenceYou can compile call records, messages, emails, or any other proof indicating no dowry demands were made. These records can highlight that the wife left the matrimonial home willingly or there was no abuse or harassment.

Anticipatory Bail (Section 438 CrPC)File for anticipatory bail to prevent immediate arrest. This safeguard ensures that you or your family cannot be detained without due process.

Quash the FIR (Section 482 CrPC)You read it correctly, approach the High Court to quash the FIR if it lacks merit or is based on false allegations. 

File a Counter CaseDepending on the nature of the false claim, you may file for defamation (Section 500 IPC) if your reputation has been tarnished, initiate proceedings for criminal conspiracy (Section 120B IPC) if the false case appears premeditated, or file for damages under Section 9 of the CPC if there is malicious intent.

Restitution of Conjugal Rights (Section 9, Hindu Marriage Act)If your wife has left the matrimonial home, this legal remedy can be used to request her return under mutually agreed conditions.

Role of the Family Welfare Committee

Recognizing the misuse of Section 498A, the Supreme Court has directed the establishment of Family Welfare Committees (FWC) in every district. Every complaint under Section 498A must be referred to an FWC for preliminary investigation. 

This FWCs must submit their report within 30 days. No arrest can be made before the report is reviewed. This ensures that frivolous cases are filtered out, protecting innocent individuals from unwarranted harassment.

Why Legal Guidance is Crucial

Fighting a 498A case requires expert legal assistance. If you are from Gurgaon NCR, a skilled Matrimonial Lawyer in Gurgaon or the Best Advocates in Gurgaon can help you understand your rights, gather strong evidence, file appropriate counter cases or appeals, and protect your reputation and family from false allegations. 

An expert counsel can help you to fight misuse and help in restoring your reputation. Many times, females name extended family members’ names, and they face imprisonment. But by hiring an experienced lawyer, you can safeguard your family members’ dignity, too.

How Family Kanoon Can Help

If you are dealing with false accusations under Section 498A, Family Kanoon offers professional legal advice and representation. From drafting anticipatory bail applications to filing counter-cases, their experienced lawyers can guide you through every step. Reach out to Family Kanoon today and safeguard your legal rights. Protect yourself from the misuse of Section 498A and ensure justice prevails.

[mishrasatty7]

Cheque Bounce HighCourt Compromise Quashing

Note: This story has not been edited by LegalSeva and is generated from a news syndicate feed. HC: After compromise, criminal cases in personal disputes can be quashed. Chandigarh: Punjab and Haryana high court has ruled that when a dispute is essentially personal in nature and a genuine compromise has been reached, HC may intervene to quash the criminal proceedings, recognising that continuing…

[advocate-paresh-m-modi]

Top Criminal Advocate in Kutch Gujarat | Paresh M Modi

https://www.advocatepmmodi.in/top-criminal-advocate-in-kutch-paresh-m-modi-9925002031/

[futurepost-in]

When order was issued to cancel rape FIR against IPS officer, woman DSP reached Supreme Court

New Delhi. A woman Deputy Superintendent (DSP) of Bihar Police has approached the Supreme Court against the Patna High Court order quashing the FIR lodged against an IPS officer. The female policeman had accused an Indian Police Service (IPS) officer of raping her by falsely promising marriage. A bench of Justice Pankaj Mithal and Justice Ahsanuddin Amanullah is likely to hear the DSP’s appeal on…

[seemabhatnagar]

Jammu & Kashmir High Court Quashes FIR Following Mutual Settlement in Civil Dispute

The High Court allowed the quashing of the FIR and the criminal proceedings arising from it as the parties have settled their controversy. The court noted that while quashing should be exercised with caution, the amicable settlement between the parties in this case justifies the quashing of the FIR.

1. Background:

There was a civil dispute between the father of the petitioner and Respondent Suman Devi resulting in a FIR U/s 294IPC & 506IPC against Ashok Kumar. However, after the intervention of the members of the society, the matter was sorted and a settlement was arrived. Despite this settlement, the case proceeded, as such the petitioner Ashok Kumar sought relief from the court, arguing that the continuation of the criminal proceedings was unwarranted in light of the settlement.

Ashok Kumar v. Union Territory of Jammu and Kashmir through Police Station R S Pura & Suman Devi

Crl. Misc. Case No. 189/2024

Before the High Court of Jammu and Kashmir and Laddakh

Heard by Hon'ble Mr. Justice Yusuf Wani J

2. Legal Issue:

Whether the FIR and subsequent criminal proceedings could be quashed under Section 482 of the CrPC (now Section 528 of the Bhartiya Nagarik Suraksha Sanhita, BNSS) on the basis of a mutual settlement between the parties, despite the non-compoundable nature of the offenses involved.

3. Argument of Parties:

Petitioner (Ashok Kumar): Argued that the criminal proceedings were a result of a civil dispute that had been settled amicably, and continuing the case would serve no purpose.

The petitioner emphasized that Apex Court has previously quashed similar proceedings to allow parties to live peacefully.

Respondent: Respondents did not dispute the settlement but highlighted the limitations of the law concerning the quashing of FIRs in non-compoundable offenses.

4. Court's Observation:

The court recognized that while FIRs generally should not be quashed solely because of a settlement between the parties, there are exceptional circumstances where such action is justified.

The court emphasized the importance of balancing the interests of justice with the societal impact of quashing criminal proceedings.

The court referred to precedents where quashing was allowed in similar cases involving personal disputes that were later resolved.