both the parties and
they jointly prayed for quashing the criminal proceedings launched against
the husband and his family members on the basis ... civil nature, has
been given a cloak of criminal offence. Criminal proceedings are
not a short cut of other remedies available in law. Before
issuing
opinion by the High Court for quashing a criminal
offence or criminal proceeding or criminal complaint is guided
by the material on record ... justice to continue with the
criminal proceeding or continuation of the criminal proceeding
or continuation of the criminal proceeding would tantamount to
abuse of process
exercise of its powers under Section 482 of Cr.P.C., has quashed the
criminal proceedings against the accused solely on the ground that ... under Section 320 Cr.P.C. and the
powers conferred under Section 482 Cr.P.C. for quashing of criminal
proceedings by the High Court
Section 482 Cr.P.C. with a prayer to quash the
Signature Not Verified
Digitally signed by
Sanjay Kumar
Date: 2021.04.13
criminal proceedings being ... interim order. It is submitted that
misuse of criminal proceedings is not unknown and the criminal law
16
cannot be set into motion
compounding an offence as
permitted under Section 320 CrPC and quashing
of the complaint or criminal proceedings under
Section 482 CrPC as also Article ... observed that the High Court under Section 482 Cr.P.C. can
quash the criminal proceedings if it comes to the conclusion that the ends
Comment - Article 20 of the Indian Constitution safeguards certain rights in criminal proceedings. It provides protection against self-incrimination, double jeopardy, and retrospective punishment. Article ... proceedings, i.e. by Customs Authority, in this case, doesn’t amount to trial by a judicial tribunal, thus the proceedings before the criminal court
SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
1 CRIMINAL APPEAL No. 447 OF 2013
(Arising out of S.L.P. (Crl ... Section 482 of the Code of Criminal Procedure, 1973 (in short
“the Code”) in quashing of the criminal proceedings in non-compoundable
offences relating
SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.2094 OF 2011
(Arising out of SLP (Crl.) No.9919 of 2010)
Shiji @ Pappu ... under Section 482 of the Code of Criminal
1
Procedure, 1973, with a prayer for quashing criminal
proceedings in FIR No.6/2010 alleging commission
justice that this court be pleased to quash the entire criminal proceedings of the complaint case in question." In fact the prayer ... which this court may adopt in order to quash the impugned criminal proceedings. His contention is that section 452 IPC being a non compoundable offence
departmental proceedings can proceed
simultaneously with a little exception. As we understand,
the basis for this proposition is that proceedings in a
criminal case ... parte departmental proceedings,
to stand.
Since the facts and the evidence in both the
proceedings, namely, the departmental proceedings and the
criminal case were