#Quashing of FIR
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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…
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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/
#FIR quashing Case Lawyers in Mumbai#Bombay High Court Lawyers in Mumbai#Criminal Lawyer in Mumbai#Criminal Advocate in Mumbai#Criminal Defence Attorney in Mumbai#CBI case Lawyer in Mumbai#ED Case Lawyer in Mumbai#PMLA Act Case Lawyer in Mumbai
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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
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"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.
#POCSO Act#FIR quashing#procedural irregularities#Kolar District#Morarji Desai Residential School#Section 12#electronic evidence#malicious prosecution#Karnataka High Court.#student privacy#criminal petition#legal proceedings#investigation.
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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
#matrimonial dispute#quash fir#high court of Bombay#high court#high court writ#high court advocate list#supreme court advocate#high court writ of control#high court lawyer#high court advocate mobile number#high court cases search by name#high court advocate name list#high court advocate#highcourtchd#supreme court advocate name list#online high court case status#high court case search#high court lawyers near me
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Punjab and Haryana High Court Quashes FIR Against YouTuber Elvish Yadav
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#149#323#506#Court Rulings#Elvish Yadav#FIR Quashed#Indian Penal Code#Influencer Accountability#IPC Sections 147#Judicial Decisions#Justice Anoop Chitkara#Legal Compromise#Legal News#Maxtern#Mediation and Compromise#Punjab and Haryana High Court#Responsible Social Media Use#Sagar Thakur#Social Media Conduct#Social Media Influencers#Violence in Media#YouTube Community
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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…
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#media must delete articles regarding filing of FIR since they harm reputation: Gujarat High Court#Once FIR is quashed
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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.
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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.
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My first story also in English; perhaps with enough support, I'll continue writing.
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FIR Quashing ST Act Case HighCourt Shimla
Note: This story has not been edited by LegalSeva and is generated from a news syndicate feed. HC quashes FIR against former DGP in ST Act case. Says Retd Cop’s Wife Filed Case By Abusing Process Of Law. Shimla: The Himachal Pradesh high court has quashed an FIR registered against former DGP Sanjay Kundu and nine other police officers under the Scheduled Castes and Scheduled Tribes (Prevention…
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Top Criminal Advocate in Kutch Gujarat | Paresh M Modi
https://www.advocatepmmodi.in/top-criminal-advocate-in-kutch-paresh-m-modi-9925002031/
#Criminal lawyers in Kutch#Top Advocate in Kutch#Best Lawyer in Kutch#Anticipatory bail Lawyer in Kutch#Regular Bail Lawyer in Kutch#FIR Quashing Lawyers in Kutch#High Court Lawyers in Kutch
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SC asks Maharashtra, Assam to reply on YouTuber Ashish Chanchlani plea
New Delhi: Supreme Court Friday sought responses from the Maharashtra and Assam governments on YouTuber Ashish Chanchlani’s plea seeking to quash or transfer to Mumbai an FIR filed over the alleged obscene utterances made during an episode of India’s Got Latent show aired recently. A bench of Justices Surya Kant and N Kotiswar Singh issued the notices and tagged Chanchlani’s plea with podcaster…
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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.
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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.
#Mutual Settlement#Civil Dispute#Section 482 CrPC#Section 528 BNSS#Non-Compoundable Offenses#Personal Animosity#Jammu & Kashmir High Court#Judicial Discretion#Quashing Criminal Proceedings#FIR Quashing
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#matrimonial dispute#quash fir#high court of Bombay#high court#high court writ#high court advocate list#supreme court advocate#high court writ of control#high court lawyer#high court advocate mobile number#high court cases search by name#high court advocate name list#high court advocate#highcourtchd#supreme court advocate name list#online high court case status#high court case search#high court lawyers near me#am law firm#bagee#bageerathan#best law firm in india#best law form in chennai#bets advocate in madurai
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[ad_1] Ashish Chanchlani moved to the Supreme Court to quash multiple FIRs filed against him for the offence of obscenity over the lewd remarks made during the latest episode of India's Got Latent Show. On Friday, the court heard the matter and issued a notice against the FIRs filed aga Read More [ad_2] Source link
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[ad_1] Ashish Chanchlani moved to the Supreme Court to quash multiple FIRs filed against him for the offence of obscenity over the lewd remarks made during the latest episode of India's Got Latent Show. On Friday, the court heard the matter and issued a notice against the FIRs filed aga Read More [ad_2] Source link
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