Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 457, 323 -- Quashing of order - Order taking cognizance - Offence u/ss 457, 323 IPC - Complainant lodged FIR not knowing person who committed the offence - However, in complete contradiction to this, he stated in his statement that he very well knew the petitioner - This contradiction itself makes..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - Offence u/ss 420, 406 IPC - Agreement to sell - Advance amount received by accused and he neither returned amount nor complied with terms and condition of agreement to sell - Breach of agreement between parties - It is purely civil dispute arising out of agreement to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Wrong entries in the mutation record - Mutation entries are fiscal entries and do not create any right in the property - Criminal prosecution for the same amounts to abuse of process of law - FIR quashed - Petition allowed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 423, 464, 471, 447, 427, 120B -- Quashing of FIR - Agreement to sell - Not honoured - FIR used only as a mode to execute the agreement in question - On the face of it, FIR does not constitute the offence u/ss 120-B, 418, 420, 423, 464, 471, 447 & 427 IPC - FIR with all consequential..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and proceedings in furtherance thereto for offence u/ss 420, 467, 471, 472/120-B of IPC - FIR filed after 10 years of original agreement signed between parties - Admittedly, complainant himself gave specific reason in FIR that agreement to sell could not be executed because of variation of price in immovable..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 409, 419, 420, 506 -- Quashing of complaint - Offence u/ss 406, 409, 419, 420, 506 IPC - Compromise arrived between parties and both parties agreed to part away each other - No date fixed for filing divorce petition in compromise - Time taken by Court while recording evidence and deciding..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 506, 509, 354B -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 506, 509, 354-B IPC - Parties settled their dispute amicably - Accused tendered his unconditional apology in writing to complainant, which has been accepted by her - Complainant does not want to continue with..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Registered agreement to sell - Non compliance of agreement - Nature of dispute purely of civil nature - Case for specific performance already filed - Moreover, FIR was lodged prior to the date fixed for execution of registered sale deed - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 467, 468 -- Compromise - Offence u/ss 420, 467, 468 IPC - Offences are no, compoundable in nature - Serious allegation of impersonation and fake appointment order were mentioned in FIR - It was such a case which cannot be quashed by High Court - Impugned order of High Court quashing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 436, 34 -- Quashing of FIR - Offence u/ss 436, 34 IPC - Compromise arrived inter se parties - Court while exercising power vested in it u/s 482 Cr.P.C., deems, it fit to accept prayer made by counsel representing the accused - Offence compounded - Conviction and sentence set aside - FIR quashed...........
