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CBI enquiry in Sushant Singh Rajput case

CBI enquiry in Sushant Singh Rajput case

A brief write up on CBI enquiry in Sushant Singh Rajput case by our experts.

Currently the Indian media is filled with the news related to CBI enquiry in Sushant Singh Rajput case and various legal aspects related to the same are being reported widely. We will try to examine the legal issues involved with the demand of CBI enquiry in Sushant Singh Rajput case. The facts related to CBI enquiry…

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Salary dispute in Lockdown

Salary dispute in Lockdown

Salary dispute in Lockdown has erupted due to sudden and unprecedented lockdown of the country under the orders of the Central Government. The lockdown has been triggered due to COVID-19 under the notification dated 24 March, 2020 issued by the Ministry of Home Affairs. Subsequently, several other notifications, orders, circulars were issued by Central Government, NDMA, MHA and other departments…

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CAT jurisdiction

CAT JURISDICTION AS DETERMINED IN CENTRAL ADMINISTRATIVE TRIBUNAL ACT, 1986 -APPENDIX VI Rule 154 (b)

DEPARTMENT-WISE CLASSIFICATION OF CASES

(A) ALL INDIA SERVICES

Indian Administrative Service

Indian Police Service

Indian Forest Service

Indian Foreign Service

(B) OTHER SERVCES REGULATED BY CENTRAL GOVERNMENT SERVICE RULES

M/o Agriculture

M/o Chemicals & Fertilisers

M/o Civil Aviation and…

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Rent dispute in lock down

Rent dispute in lock down

A brief write up on rent dispute in lock down by our legal expert, explaining the issue in details through legal provisions.

The ongoing lock down due to COVID-19 has  created unprecedented circumstances wherein all economic activities are at a standstill. The Contractual  as well as the jural relationships between parties is severely affected due to the lock down. The question  of payment of…

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Quashing of FIR

ATTENTION: We have in house team of online legal experts for all services of quashing of FIR before High Court. Online legal advice by experts on all matters. Mail your requirements with copy of the FIR.

STAGES OF FIR QUASHING:

Immediately after registration of the FIR.After filing of the charge sheet.Quashing of the proceedings of a complaint case.Quashing of FIR at any stage of the criminal proceedings.FIR quashing on the basis of mutual compromise.Quashing of FIR after plea bargaining.Quashing of any criminal proceedings under Section 482 CrPC.FIR quashing in matrimonial matters.Quashing of FIR in financial matters. Quashing of FIR is contemplated under the Code of Criminal Procedure in Section 482, which is commonly called as the inherent powers of the High Court. The powers of quashing of FIR are very wide, even Section 482 of CrPC is wide enough to cover all aspects which the High Court can cover. The provision of Section 482 is resorted to for quashing of FIR. The said provision can be quoted for instant reading below: Section 482 in The Code Of Criminal Procedure, 1973 482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.The broad parameters to be laid down for the quashing of FIR are mainly to prevent abuse of the process of court and secure the ends of justice. Thus we find that the powers of the High Court under Section 482 CrPc are the widest powers under which the High Court can consider all aspects and go for quashing of FIR if it finds fit. The inherent powers under section 482 CrPC for quashing of FIR by High Court can be exercised only when no other remedy is available. FIR quashing ordinarily based on the facts of defense in advance is not permissible as the appreciation of the evidence can only be done under a trial.   The Supreme Court in its landmark judgment  in Madhu Limaye vs State of Maharashtra, related to FIR quashing has laid down some very important principles which regulate the exercise of the powers of Section 482 CrPC by the court.   The exercise of powers under Section 482 CrPC for FIR quashing  is not to be resorted to, if there is specific provision in code to redress the grievances of the aggrieved party.Powers under Section 482 CrPC for FIR quashing should be exercised sparingly and to ensure the abuse of process of any Court or otherwise to secure ends of justice.The powers under Section 482 CrPC  should not be exercised for FIR quashing  against the express bar of the law engrafted in any other provision of the code. CONDITIONS OF QUASHING OF FIR: In State of Haryana vs Bhajan Lal (1992 Supp.(1) SCC 335), Supreme Court of India has summarized the law as laid down in Section 482 CrPC for FIR quashing and has laid down 7 important conditions for quashing of the criminal proceedings under Section 482 CrPC. The said points are listed below: Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. In that case the quashing of FIR can be done by the High Court under Section 482 CrPC.Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.Where the allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which, no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or, where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Keeping the above factors in mind, the High Court in exercise of its powers under Section 482 CrPC and after going through the facts of the case the High Court can go for the quashing of FIR if any of the parameters is qualified or the High Court thinks it fit in the interest of justice. The above criterions are very wide and engulfed in such a manner that all FIRs lodged with some irregularities can be covered under it and the High Court under the exercise of its powers under Section 482 CrPC can quash the FIR. Inherent powers of the High Court under Section 482 CrPC are limit less , it can see perversity, malice, non application of mind and order for quashing of FIR. The exercise of powers by the High Court under Section 482 CrPC for quashing of FIR are based purely the subjective assessment of the judge. He has to strike a balance between the powers of the courts under Section 482 CrPC  and the facts of the case. As such no specific parameters  are laid down for the exercise of the powers by the High Court under Section 482 Crpc . Code of Criminal Procedure contains Section 320 which mandates the compounding of the criminal proceedings before the courts subordinate to the High Court during the trial or during the appeal but provisions of Section 482 CrPC have an overriding effect on the same considering the wide powers vested with the High Court for quashing of FIR. QUASHING OF FIR AFTER CHARGE SHEET: The High Court under exercise of its powers under Section 482 CrPC can very well can go for FIR quashing even after the filing of the charge sheet by the prosecution. Eeither the parties can reach a compromise in the matter or the accused can appraise the court that there is no material against him even after the investigation of the matter. The accused can also take the pleas of inherently improbability on the basis of the entire facts and the material collected against him in the charge sheet. The High Court can order for FIR quashing on the basis of the same as the provisions of Section 482 CrPC are wide enough and empower the High Court very wide powers of quashing of FIR. QUASHING OF FIR ON THE BASIS OF COMPROMISE: The quashing of FIR by High Court can be done at any stage of the case on the basis of compromise. Both the parties, i.e. the complainant or the informant and the accused can enter into a compromise in writing and spell out the terms of quashing of FIR on the basis of compromise and then file a joint petition under Section 482 CrPC for FIR quashing. The court can however scrutinize all the aspects of the matter and order for the quashing of FIR. In case the court is not satisfied with the facts and the compromise, the High Court can refuse the quashing of FIR on the basis of compromise. If the FIR is compoundable, the court may again refuse for quashing of FIR as there is an alternate remedy and the parties can approach the trial court. FIR QUASHING IN MATRIMONIAL CASES COMPROMISE: The High Court in exercise of its powers under Section 482 CrPC is liberal in quashing of FIR arising out of matrimonial disputes which are mainly FIRs under Section 498 A and 406 IPC. The parties of the matrimonial dispute enter into a mutual settlement either before any of the courts where the proceedings are going on or independently. They generally reduce it in writing and prepare a settlement of Mutual Compromise Deed spelling all terms and conditions. Most of the courts accept the same and order for FIR quashing of FIR on the basis of compromise. The parties are however required to appear before the High Court for their identification and their statement is also recorded in the court. In most of the cases, if the parties are going for mutual divorce, they are required to come to the court after their divorce proceedings are over. In exceptional cases, courts order for FIR quashing even before the mutual divorce is over. There is no hard and fast rule for the same and the High Court in exercise of its powers under Section 482 CrPC often try to be very open in such matters as they are matrimonial matters. QUASHING OF FIR IN ECONOMIC OFFENSES: FIR quashing is very often resorted to in economic offenses when the financial dispute is settled and the parties come to terms. If very serious sections other than the economic offense are not involved , then the parties very often enter into a deed of compromise and go for the quashing on the basis of compromise. The High Court while exercising its powers under Section 482 CrPC deed of compromise and go for the quashing on the basis of compromise. The High Court while exercising its powers under Section 482 CrPC can thus exercise its powers and order for quashing of FIR on the basis of quashing on the basis of settlement keeping in view the entire facts and circumstances.   What is FIR quashing? FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused. Which court has powers of FIR quashing? High Court has powers for quashing of FIR under Section 482 CrPC. How FIR quashing can be filed? FIR quashing can be filed before the High Court by way of a petition through a lawyer. Can FIR quashing be done on merits or if there is a false FIR? Yes, FIR quashing can be done if the same is frivolous or bogus or misuse of the process of law or authority by anyone. Read the full article

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Quashing of FIR

ATTENTION: We have in house team of online legal experts for all services of quashing of FIR before High Court. Online legal advice by experts on all matters. Mail your requirements with copy of the FIR.

Immediately after registration of the FIR.

After filing of the charge sheet.

Proceedings of a complaint case.

Quashing of FIR at any stage of the criminal proceedings.

FIR quashing on the basis…

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Execution of a Will

Execution of a Will explained with important tips. Online legal services by experts inhouse.

In house expert legal experts for online legal services for Execution of a Will.

Online legal services on Execution of a Will and probate proceedings.

Execution of a Will explained with important tips by our legal expert.

Under Indian laws, Execution of a Will  is an important and crucial act through which any person can determines and mandate the distribution or management of all his…

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Legal advice online

ATTENTION: We have excellent arrangements for Legal advice online through Video Conferencing by team of experts. Contact us for any urgent requirement through contact us page of our website.

Legal advice online is the new phenomena in legal services which is after the revolution of the Information Technology globally. Legal advice online is now space less , cutting across the geographical…

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E Filing in Supreme Court of India

IMPORTANT: For making urgent mentioning of any matter for e filing in Supreme Court of India, contact on these phones given by the Supreme Court as helpline 011-23381463 and 011-23111428.

Supreme Court of India is the apex court of country and it has original, appellate jurisdiction wherein thousands of cases are filed under various categories. Most the cases as filed before Supreme Court of…

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Rape cases in India 2020

Law related to rape cases in India 2020 explained in brief by expert criminal lawyer for the understanding of a common man supported by some infamous rape cases in India.

Rape is unlawful sexual activity typically involving sexual intercourse done forcibly or under threat of injury against a person’s will. Rape is a worldwide problem.

In India, Rape has been defined in Section 375 of IPC…

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Consumer Courts Delhi

Consumer Courts Delhi have been created under The Consumer Protection Act for redressing consumer’s grievances and protecting their rights and for creating consumer awareness and also for developing a strong consumer protection movement in Delhi.

The consumer Protection Act, 1986 (68 of 1986) has been enacted to protect consumer’s interest. The provisions of the Act are compensatory in nature.…

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Consumer Case

Consumer  case can be filed against  a defective goods or services by a consumer. The law related to Consumer case has been defined under The Consumer Protection Act. The Consumer Protection Act has been amended in 2019 thereby incorporating several important aspects.  The Consumer Disputes Act is now more specific, powerful incorporating all the important aspects consumer interest in a more…