Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Initial stage - Court has to examine only allegations made in FIR/complaint/charge-sheet - Court has to see whether prima facie case of commission of offence is made out or not on basis of material on record...........
Criminal Procedure Code, 1973, Section 482, 155, Copyright Act, 1957, Section 63, 63B, 65-- Quashing of FIR - Offence u/ss 63, 63-B, 65 of Copyright Act - Offence not cognizable - Registration of FIR without order of Magistrate having power to try such case or commit the case for trial is violative of S.155(2) Cr.P.C. - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 506, 120B-- Cheating - Quashing of proceedings - Allegation that co-sharer executed sale deed in favour of petitioner in excess of his share - As per material on record no fraud or deception has been caused by petitioner or co accused on informant - Dispute is purely of civil nature - Suit for cancellation..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Cruelty - Allegation against parents and family members of husband of complainant - Husband of complainant was disowned by his father from all his properties - Marriage of complainant was performed subsequent to her husband being disowned - Complainant compromised the..........
Indian Penal Code, 1860, Section 406, 506, 34, Criminal Procedure Code, 1973, Section 482-- Agreement to sell - Owner of property refusing to execute sale deed and at the same time refusing to refund the amount so received by him - It cannot be said that allegations are predominantly of civil in nature - Criminal intent on the part of accused is involved in the case...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 468, 471, 420-- Quashing of FIR - Cheating - Accused being Secretary issued appointment letter to 50 persons on a condition of introducing at least 15 students to Foundation for educational loan - He cannot be said to have created a false document dishonestly and fraudulently - No offence is made out against..........
Criminal Procedure Code, 1973, Section 197, 482, Indian Penal Code, 1860, Section 166, 167, 120B-- Public servant - Previous sanction of Govt. not taken before taking cognizance against public servant - Impugned order quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 324, 427, 452, 34-- Compromise - Quashing of FIR - Offence u/ss 307, 452, 324, 323, 427 & 34 IPC - Matter still under investigation - Injured victim entered into compromise and recorded his statement in this regard before trial Court and there is rare, rather nil possibility of victim supporting cause of prosecution..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 177, 482-- Territorial jurisdiction - Quashing of FIR - Offence u/s 498-A IPC and Ss.3, 4 of D.P. Act - Offence committed at place `I' - Proceedings pending in Court at place `J' quashed on ground of lack of territorial jurisdiction...........
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Rejection of petition u/s 482 Cr.P.C. seeking quashment of FIR does not ipso fact operates as an embargo for grant of anticipatory bail to an individual...........
