Indian Penal Code, 1860, Section 420, 323, 504, 506 -- Cheating - Quashing of order framing charge - Dispute regarding purchase of land - Accused and his family members approached informant for purchase of his land and informant agreed to purchase the same - After execution of agreement of sale, accused did not deliver documents required for execution of sale deed to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366 -- Quashing of charge sheet - Compromise - Kidnapping - Victim was major at the time of incident - Accused and victim solemnized marriage and they have two kids from their wedlock - Offence alleged against accused are of private in nature and have no serious impact on society - Compromise..........
Criminal Procedure Code, 1973, Section 482, 216, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Quashing of Order - Order altering charge u/s 7 to Ss.13(1)(d), 13(2) of P. C Act - Charge altered on application of prosecution - Trial Court has not suo moto invoked its jurisdiction and thus, failed to exercise jurisdiction available to it - Impugned order..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 27 -- Quashing of FIR - Offence u/ss 25, 27 of Arms Act - Prima facie it reflects that 32 bore pistol seized from possession of A-1 along with three live cartridge - Strong case found against A-1 and he received pistol from his friend A-2 and on basis of that statement A-2 was inducted as accused -..........
Indian Penal Code, 1860, Section 376, 323, 328, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Applicants willing to compromise the matter - However, sexual offences constitute an altogether different class of crime which is result of a perverse mind - Allowing quashing of charge sheet, pursuant to a compromise will in such cases, only..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Where offences are against society and not private in nature, which have serious impact upon society, compromise even if arrived at between parties do not constitute a valid ground to quash FIR or charge sheet...........
Indian Penal Code, 1860, Section 493, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 493 IPC - Quashing of charge sheet - No allegation of any inducement or any deceit to make victim believe that she was lawfully married to accused, which mislead her to have sexual intercourse with accused - Only allegation is that after marriage was settled, accused started..........
Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Demand of dowry - Quashing of charge sheet - Allegation in FIR shows that a demand of dowry of Rs.5 lakhs was made by accused from complainants - There are direct allegations in FIR - Allegations prima facie constitute a commission of an offence under the Act - Charge sheet not liable..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Where offences are against society and not private in nature, which have serious impact upon society, compromise even if arrived at between parties with regard to such offences, same cannot constitute a valid ground to quash FIR or charge sheet...........
Indian Penal Code, 1860, Section 493, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 493 IPC - Quashing of charge sheet - No allegation of any inducement or any deceit to make victim believe that she was lawfully married to accused, which mislead her to have sexual intercourse with accused - Only allegation is that after marriage was settled, accused started..........
