#quash fir

[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

[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.

[mishrasatty7]

295A FIR Quashing Chandigarh HighCourt

Note: This story has not been edited by LegalSeva and is generated from a news syndicate feed.  CHANDIGARH: The Punjab and Haryana high court has quashed criminal proceedings for hurting religious sentiments against a Punjabi actor observing that whichever religion it may be, the worshipped Gods were born as humans. The actor, Rana Jung Bahdur, was booked by the Jalandhar police on June 10,…

[lawtoppers]

Punjab and Haryana High Court Quashes FIR Against YouTuber Elvish Yadav

[slglegal22]

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[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.

[upwiththegood]

16th September Kentish Belle cruise

Here we go on the second jaunt of the new improved Maidstone Stroke Group and what's more important is that we booked 15 seats on board the Kentish Belle and 11 managed to make it. Unfortunately we were short due to a house move and an increase in concern on one of our former members.

We all gathered at the landing stage beneath the Archbishops Palace at the allotted time and waited our turn to board.

Having three members in wheelchairs, we were loaded first and right up the front but miles from the bar and toilet facilities, which were in the stern, or avast behind.

We set off in the wrong direction, towards the Malta, with memories of Mick the coach driver going on his usual journey and not where he should be going. Maybe the boat needed turning round, or a run up to the off.

Oh no, we had to give the crew time to get the food on board

Nevertheless, we were soon heading towards Teston and the on board commentary was very informative about previous businesses and occupations as we passed notable landmarks and some excellent houses with wonderful river frontage, plus numerous house and canal boats with some obviously being lived in and some i9jn need of repair

Under numerous bridges and each had a story and some no longer there due to large floods in days of old, as we eat ore fish and chips

Soon we were going through East Farleigh lock, which necessitated us to rise up to meet the up river level, which took a few minutes and then we were going under the East Farleigh bridge, over which Fairfax brought his troop of Roundheads to try and quash the Royalist rebellion at Penenden Heath and the battle of Gabriel's Hill.

More history lessons a we eventually got to Teston lock and our turning point, cup of tea or coffee time, as we hear of the underground river that enters the Medway, right there. The river Ewell runs underground from it']s source, at a spring on Kettle Farm, just above the Good Intent public house. Kettle Farm, so called because there was a big Kettle(cauldron) where water was boiled to try and offset the outbreak of typhus, which was seriously affecting the hop picking community, who were used to drinking the river water. An Irish navvy, or navigating engineer,l named Foy from Donegal instigated this process and he's buried in East Farleigh church opposite the Bull

That's enough of the history lesson for today, as we turned round and with the flow made our way back to Maidstone in double quick time, viewing everything rom a different perspective but this time going down in the lock.

And so ended an excellent day out, a cruise on a boat, a bite to eat and in very safe company and all because Big Mick read about it in the Kent Messenger and put the idea in the suggestion box.

So, a big thank you to Big Mick and Kathie fir sorting the logistics out

THANK YOU

Let's hope that others take heed and are impressed

[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.

[mishrasatty7]

SC/ST Fir Quashing High Court Chandigarh

Note: This story has not been edited by LegalSeva and is generated from a news syndicate feed.  CHANDIGARH: The Punjab and Haryana high court has quashed criminal proceedings against a Haryana activist booked for “casteist” comments against an Indian Police Service (IPS) officer, Vinod Kumar, who was SP, Charkhi Dadri in 2021. “…in no manner would suggest that the petitioner made any casteist…

[advocatenidhirajoura]

Nidhi Rajoura Advocate is a reputable Criminal Lawyer in Delhi, who has successfully managed many high-profile criminal cases with sophistication. She is the principal of Nidhi Rajoura & Associates, a well-known law firm offering assiduous practice in legal avenues like bail, anticipatory bail, quashing of FIR and an all-inclusive criminal practice. Nidhi Rajoura is highly charged and professional whilst practicing in multiple District Courts, Sessions Courts, High Courts and the Supreme Court of India, on areas like Cheque Bounce, Fraud, Sexual Offences, Cyber Crimes, White Collar Crimes, and Matrimonial Disputes.

[legalwires]

Bombay HC Denies Quashing FIR in Disturbing Domestic Abuse Case

On July 22, the Bombay High Court ruled against quashing a First Information Report (FIR) filed under Section 498-A of the Indian Penal Code against Hardik Shah and his family members. The complaint was lodged by Shah’s estranged wife, who alleged that she had been subjected to cruelty by her husband, his father, and his three married sisters. The Bench comprising of Justices Ajay Gadkari and…

[novumtimes]

Bombay High Court quashes 2016 drug bust case against actress Mamta Kulkarni | Mumbai News

The Bombay High Court has quashed a case registered against Bollywood actress Mamta Kulkarni in connection with the seizure of illegal drugs worth Rs 2,000 crore in 2016. Her partner Vicky Goswami was also named as an accused in the FIR registered by the Thane police. The anti-narcotics cell of the police had seized 20 tonnes of ephedrine from a Solapur factory. Kulkarni’s lawyer argued before a…

[upceedconsulting]

From Complaint to Compromise Battle Against Sexual Harassment

Last month, I read an article in the India Today which in one of its pages in bold fonts had, “‘Haath lagao toh current lagta hai’: IAF pilot moves Jammu-Kashmir HC alleging sexual harassment by senior officer.” Appalled as I always am by such news, it was definitely once again hard to digest something like this in the armed forces …where chivalry is considered to be the mark and character of men. According to the report, an Indian Air Force (IAF) pilot had filed a case in the Jammu and Kashmir High Court alleging sexual harassment by her senior, a Wing Commander, additionally mentioning the unfair manner of inquiry conducted by the Internal Complaints Committee of the IAF. There were severe allegations for demand of sexual favours, objectionable comments, inappropriate touching and lewd remarks such as, “‘Le tujhe touch kiya ab kaise karegi apne aap ko sanitise?’ On approaching the Internal Complaints Committee, she was not satisfied and found the proceedings to be unfair and biased, which led her to knock on the doors of the police and court. I continued following up on this case, until I read the order of the Hon’ble Judge on 20.05.2024, that during the pendency of the petition, the accused had issued a communication to the lady officer for settlement of the case, who accepted the same and then gave her no objection for quashing of the FIR.

Well, though I fail to comprehend why she succumbed and took to the compromise after having come this far, I do strongly believe that if proper awareness sessions were conducted such an incident might not have happened in the first place and if the Internal Complaints Committee was well trained to conduct an inquiry following due process of the law, the outcome of the case could have been different and within the four walls of the IAF, instead of the case being brought out in public and tarnishing the image of the IAF in broad daylight. Because it happens so that for the behaviour of one person, the entire institution is put in bad light.

We at Upceed Consulting Services therefore time and again stress awareness of the POSH Act. Though the law has been enacted for the last decade and in May 2023 the Supreme Court also issued directions that all institutions whether government or private must conduct orientation programmes, workshops, seminars and awareness programmes to upskill members of the committees and to educate women about the provisions of the law, little has been done so far with only one tenth of workplaces having implemented it, and in that several for just the sake of a tick off. 

Organisations several times fail to understand the consequences of NOT implementing the POSH Act, which can be significant, multifaceted and boomerang on its face in the following manner:

Legal Consequences: Non-compliance with the POSH Act can lead to legal repercussions, including fines and penalties imposed by regulatory authorities. Organizations may face lawsuits from employees who have experienced sexual harassment and feel their complaints were not adequately addressed. The legal battles can damage the organization’s reputation and result in financial losses due to legal fees, settlements, and court judgments.

Reputational Damage: Public exposure of sexual harassment incidents and organizational failures to address them can tarnish the company’s reputation. Negative publicity can lead to loss of trust among customers, investors, and the general public, impacting the organization’s brand image and market standing.

Employee Morale and Productivity: A workplace culture that tolerates or ignores sexual harassment can create a toxic environment, leading to low morale and decreased employee engagement. Employees may experience heightened stress, anxiety, and job dissatisfaction, resulting in decreased productivity and increased turnover rates.

Human Resource Challenges: Difficulty in recruiting and retaining talented employees due to concerns about workplace safety and organizational culture. It may also lead to increased workload for HR departments which though not under their purview may end up in managing complaints, investigations, and legal issues related to sexual harassment, when not handled appropriately by the Internal Complaints Committee, resulting in a bigger blunder.

Financial Costs: Costs associated with legal proceedings, settlements, and damages resulting from lawsuits and regulatory penalties. Loss of productivity and potential revenue due to absenteeism, turnover, and decreased employee performance resulting from a hostile work environment.

Loss of Competitive Advantage: Organizations known for failing to address sexual harassment may lose their competitive edge in attracting and retaining top talent. Negative perceptions of the company’s workplace culture can deter potential customers, partners, and investors from engaging with the organization.

Regulatory Sanctions: Regulatory authorities may impose sanctions, including revocation of licenses or permits, for organizations found to be in violation of the Act. Repeat offenses or egregious violations may lead to more severe regulatory actions, such as closure of business operations or criminal charges against responsible individuals.

Overall, the consequences of failing to implement the POSH Act extend beyond legal and financial implications to encompass broader impacts on organizational culture, employee well-being, and corporate reputation. Promoting a positive and respectful workplace culture is crucial for the well-being of employees and the success of any organization. It is crucial for organizations to prioritize compliance with the POSH Act and take proactive measures to prevent and address sexual harassment in the workplace. By doing so and ensuring that Internal Committee members are well-versed in handling complaints, organizations can enhance the effectiveness and credibility of their processes for preventing and addressing sexual harassment in the workplace. Creating awareness about and implementing policies for prevention of sexual harassment is an important step towards fostering a safe and inclusive environment. 

We at Upceed Consulting Services typically assist organizations in implementing POSH. We are that one-stop- shop! Do contact Upceed Consulting Services and make your workplace a happy and respectful one!