Can Partial Compromise Be Ground For Quashing FIR? Punjab & Haryana High Court Refers Matter To Larger Bench

Observing that "there is no explicit guidelines governing the issue", the Punjab and Haryana High Court has referred the matter of quashing of FIR on the basis of "partial compromise" to the larger bench.Justice Kuldeep Tiwari framed the following issues for adjudication to a Larger Bench of the High Court:-“(i) Whether, bearing in mind the repercussions attached to partial quashing of FIR,...

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that a prolonged cohabitation as husband and wife would entitle partners to maintenance even if even if performance of essential ceremonies is not proved.The Court rejected the plea challenging the maintenance order on the ground that essential marriage ceremonies were not performed, wherein the parties were "cohabitating as husband and...

Haryana Govt Appoints Judicial Officers As Additional District & Sessions Judges After High Court's Direction In Contempt Plea

After facing Punjab & Haryana High Court's wrath the Haryana government accepted the High Court's recommendation to promote 13 judicial officers as District and Session Judges. In a contempt plea filed by five judicial officers the State government submitted a compliance report with High Court's direction.In December 2023, the High Court directed the Haryana Government to give...

POCSO Act Prevails Over Muslim Law: Punjab & Haryana High Court Denies Pre-Arrest Bail To Man Accused Of Kidnapping Minor Wife

Rejecting the contention that the man had married under the Muslim Personal Law, the Punjab & Haryana High Court has denied anticipatory bail for allegedly kidnapping his minor wife.Justice Harpreet Kaur Jeewan said, "Protection of Children from the Sexual Offence Act, 2012, has been enacted which is a self contained comprehensive legislation inter alia to provide for protection of...

[Cyber Crimes] Investigators Not Well Skilled, Delay In Investigation Can't Be Held Against Them: Punjab & Haryana High Court

The Punjab & Haryana High Court has observed that cybercrime is an emerging field, and even investigators lack the necessary skills and educational qualifications. Therefore, if an investigation takes longer than usual, it cannot be considered a" deliberate attempt" to delay the investigation.A pre-arrest bail was filed in a cyber crime case wherein the petitioner was accused of providing...

Mahendragarh School Bus Accident: Contempt Plea Filed In Punjab & Haryana High Court To Punish Top Officials For Disobeying Safety Guidelines

A contempt petition has been filed against top officials of Haryana for allegedly disobeying the Court's order on implementation of policy for the safety of school children, Surkashit School Vahan Policy.On April 11, in a dreadful accident, 6 students died in Haryana's Mahendragarh when the school bus driver, who was allegedly drunk, rammed the bus into a tree.The plea filed by Bal Kranti...

'Right To Trade Of Liquor Not Fundamental Right': P&H High Court Dismisses Plea Challenging Punjab Excise Policy 2024-25

Observing that the "right to trade of liquor is not a fundamental right", the Punjab & Haryana High Court has dismissed the plea challenging Punjab Excise Policy 2024-2025's Clauses.It was argued that as per the Excise Policy for the year 2024-2025, the application fee for the liquor vends has been increased to 75,000 which shall be non-refundable, which is unjustified as allotment of...

When Accused Pleads Guilty In Absence Of Lawyer, There's A Risk That Such A Plea May Not Be Fully Informed Or Voluntary: Punjab & Haryana High Court

The Punjab & Haryana High Court has set aside a conviction order observing that when an accused pleads guilty but is not represented by an advocate, "there is a risk that their plea may not be fully informed or voluntary which would violate the principles of fair trial as enshrined in Article 21."The petitioners had challenged their conviction under Section 188 IPC on the ground that...

General Tendency For Wife To Amplify Needs & For Husband To Conceal Actual Income; Quantum Of Maintenance Must Be Balanced By Court: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that the quantum of maintenance granted to the wife under Section 125 CrPC must be justifiable and realistic to avoid hardships to either of the spouses.Justice Harpreet Singh Brar said, "there is a general tendency on the part of the wife to amplify her needs and the husband to conceal his actual income, making it difficult to determine...

Use Of Firearms In Public Functions Widespread In Punjab, No Visible Change Despite Ban: High Court Seeks Response From DGP

The Punjab and Haryana High Court has taken strong objection to the widespread use of firearms in public functions and the use of licensed guns to commit crimes in Punjab, observing that "there is no visible change" despite the ban.The Punjab Government in 2022 had banned use and display of firearms in public places and on social media and accordingly officers were instructed to conduct...

Convict Who Repeatedly Raped Minor Stepdaughter Shouldn't Be Entitled To Premature Release: Punjab & Haryana High Court

The Punjab & Haryana High Court has denied pre-mature release to a rape convict, who impregnated his minor step-daughter as a result of committing repeated sexual assault on her.While refusing to grant the relief, Justice Nidhi Gupta noted that as per the 1991 policy applicable for pre-mature release to the convicts in Chandigarh, repeated rape with the minor victim "is not included in...

'State Used Dominant Position To Rob Poor Of Earned Interest', High Court Imposes ₹5 Lakh Cost On Punjab Govt For Denying Interest In Investment Scheme

The Punjab & Haryana High Court has imposed a cost of Rs. 5 lakh on the Punjab State Industrial Development Corporation (PSIDC) for denying lawful claims and for coercing investors to enter into agreements to forego the interest on their investment.The Corporation pleaded financial hardship and sought an extension of time to make arrangements while constantly reminding that it was...