#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.

[odnewsin]

Andhra Pradesh HC junks poll code violation case against Allu Arjun

Amaravati: In a huge relief to Tollywood actor Allu Arjun, the Andhra Pradesh High Court Wednesday quashed a poll code violation case against him. On a petition filed by the Pushpa actor, the High Court quashed the First Information Report (FIR) booked by the Nandyal town police which alleged that he violated the poll code during the Assembly elections in May. The actor May 11 had visited the…

[familykanoon]

Steps a Husband Should Take When a Wife Files a False Dowry Case

By Family Kanoon Law Offices — Dowry Case Lawyers in Gurgaon

In today’s legal environment, false dowry accusations have become a significant challenge for many innocent husbands and their families. The misuse of laws like Section 498-A of the Indian Penal Code (IPC) can lead to immense mental, emotional, and financial stress. At Family Kanoon Law Offices, we, as expert Dowry Case Lawyers in Gurgaon, aim to guide you through the steps to protect yourself legally when faced with such allegations.

1. Stay Calm and Seek Legal Advice

The first and most important step is to stay calm and immediately consult an experienced lawyer who specializes in false dowry cases. With the complexities of Indian law, having a professional by your side can prevent mistakes and protect your rights.

2. Gather Evidence to Disprove the Allegations

Start collecting all forms of evidence that can support your innocence. This may include:

● Text messages, emails, or social media exchanges that contradict the wife’s claims.

● Voice recordings or video clips that show no demand for dowry.

● Witnesses who can attest to the harmonious nature of your relationship during the period in question.

● Any form of documentation that proves the wife’s motives behind filing the false case, such as alimony demands or threats to tarnish your reputation.

3. File for Anticipatory Bail

Since Section 498-A is a non-bailable offense, it’s critical to apply for anticipatory bail as soon as possible. This will protect you and your family members from immediate arrest. Our team of Dowry Case Lawyers in Gurgaon can assist you in filing and securing this bail to avoid any undue harassment.

4. Present Your Version of Events

Prepare a detailed account of your side of the story, documenting all incidents leading up to the accusation. This should include:

● Dates and events that can highlight inconsistencies in the wife’s allegations.

● Any supporting evidence that demonstrates your innocence or the wife’s ill intentions.

5. Consider Filing a Counter Case

If the allegations are proven to be baseless, you may consider filing a counter case against your wife. Possible legal actions include:

● Defamation (Section 500 IPC): If the false accusations have harmed your reputation.

● Criminal Conspiracy (Section 120-B IPC): If you suspect your wife conspired with others to falsely accuse you.

● False Evidence (Section 191 IPC): If she presented fake evidence to support her claims.

Filing a counter case can serve as a defensive measure, holding your wife accountable for her false claims.

6. Cooperate with the Legal Process

It is essential to cooperate with the court and law enforcement throughout the proceedings. Attend all hearings and mediation sessions. Missing court appearances can lead to further complications, including adverse judgments. At Family Kanoon Law Offices, we ensure our clients are fully prepared for every stage of the trial process.

7. Pursue Quashing of the FIR

If you can gather substantial evidence proving your innocence, you can approach the High Court to quash the false FIR. Our expert legal team can assist you in drafting and presenting a strong petition to get the FIR dismissed.

8. Embrace the Long-Term View

Defending yourself in a false dowry case can be time-consuming, but patience is key. Each legal proceeding and step you take can eventually lead to the dismissal of the case. Always keep in mind that justice will prevail, and the law provides multiple avenues for your defense.

Going Ahead

We understand the ordeal of facing a false dowry case. However, following the right approach can be your savior. A false dowry case cannot only put your family behind bars, but it can tarnish your reputation, too. Still, if you are the one currently facing a false dowry case, then we are here to help. At Family Kanoon Law Offices, we are dedicated Dowry Case Lawyers in Gurgaon, ready to provide you with the support and strategy necessary to navigate these tough times. Contact us today to get the legal assistance you need.

[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…

[nithya-r]

Facing a False FIR in India? Here’s How to Protect Yourself

Dealing with a false FIR can be incredibly stressful, but don’t worry—there are legal remedies in place to protect you. FIRs are meant to kickstart the investigation process, but some people misuse them to harass others.

Here’s How Section 41A of the CrPC Helps You

Section 41A is a game-changer. If you’re accused of a minor offense (punishable by less than seven years), the police can’t just arrest you. They have to issue a Notice of Appearance instead. As long as you cooperate with the investigation, they can’t arrest you unless they have a strong reason.

How to Fight Back Against a False FIR

Quash the FIR: You can ask the High Court to cancel the FIR under Section 482 of the CrPC if it’s clear that the accusations are false.

File a Defamation Case: A false FIR can wreck your reputation, so don’t hesitate to file a defamation case under Sections 499 and 500 of the IPC.

Use Section 182 of the IPC: This section punishes people for giving false information to the police, so you can file a counter-complaint against the person who filed the fake FIR.

Stay Calm, and Take Action: With Section 41A, your rights are protected. Just make sure you talk to a lawyer and follow the legal steps to clear your name.

[jurishour]

GST Act Overrides IPC: Madhya Pradesh High Court - Jurishour

The Madhya Pradesh High Court, Indore Bench, ruled that the Goods and Service Tax Act (GST Act) overrides the Indian Penal Code (IPC) and that the GST department cannot delegate search and seizure operations to local police. The bench, led by Justices Sushrut Arvind Dharmadhikari and Duppala Venkata Ramana, held that GST authorities must follow the procedures outlined in the GST Act when initiating prosecutions. They cannot bypass these procedures by invoking IPC provisions without prior sanction from the Commissioner, as required by Section 132(6) of the GST Act. The court quashed an FIR against a petitioner accused under IPC, stating that the department should have relied on GST penal provisions. This decision reinforces the primacy of the GST Act in tax-related prosecutions.

Read More:

[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