Category: Cr P C

In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed the connected proceedings

2025 INSC 405 SUPREME COURT OF INDIA DIVISION BENCH RAMESH KUMARAN AND ANOTHER Vs. STATE THROUGH THE INSPECTOR OF POLICE AND ANOTHER ( Before : Abhay S Oka and Ujjal…

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present case, where the dispute involved a loan transaction between the accused persons and the bank, and the parties had settled the matter through the One Time Settlement (OTS).

2024 INSC 750 SUPREME COURT OF INDIA DIVISION BENCH K. BHARTHI DEVI AND ANOTHER — Appellant Vs. STATE OF TELANGANA AND ANOTHER — Respondent ( Before : B.R. Gavai and…

Criminal Procedure Code, 1973 (CrPC) — Sections 311, 313 and 173(8) — Case of Murder — Further investigation after the trial had concluded —Whether the High Court was justified in ordering further investigation after the trial had concluded —The appellant argued that the application for further investigation was a disguised attempt to reopen earlier proceedings and that the trial court had no jurisdiction to entertain such an application after charges were framed —The respondent contended that further investigation was necessary to ensure justice and that new facts and material had emerged —The Supreme Court set aside the High Court’s order for further investigation, stating it was unwarranted and not in accordance with the law —The Court found that the application for further investigation was filed too late and lacked new evidence that would justify reopening the case —The Court emphasized that further investigation should be ordered sparingly and only in exceptional cases to achieve the ends of justice — The Supreme Court allowed the appeal, dismissed the application for further investigation.

2024 INSC 746 SUPREME COURT OF INDIA DIVISION BENCH K. VADIVEL — Appellant Vs. K. SHANTHI AND OTHERS — Respondent ( Before : B.R. Gavai and K.V. Viswanathan, JJ. )…

Criminal Procedure Code, 1973 (CrPC) — Section 227 — Discharge — The appellant, had filed an application under Section 227 of the Cr.PC seeking discharge in a case related to the custodial death of cashier/accountant — The court found that there was no sufficient ground for proceeding against the appellant based on the record of the case and the documents submitted therewith — The court clarified that its observations were made only in relation to the appellant and not the other accused in the case — The court allowed the application filed by the appellant under Section 227, Cr.PC, and discharged the appellant from the case.

2024 INSC 522 SUPREME COURT OF INDIA DIVISION BENCH RAM PRAKASH CHADHA — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia,…

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