Indian Penal Code, 1860, Section 420, 467, 468, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Compromise - Property dispute between close relatives - FIR is outcome of a civil nature - With the present stand of parties in terms of their settlement, there is practically no chance of recording conviction - In other words, entire exercise of..........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23, Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order passed u/ss 21, 23 of PWDV Act do not attach any criminal liability, as it is civil in nature - Application u/s 482 Cr.P.C not maintainable against such order - Moreover, petitioner bypassing remedies u/ss 25, 29 of PWDV Act, cannot..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding petition u/s 482 Cr.P.C, Court cannot sit in trial or embark on an enquiry upon merits of case pending before trial Court - Power u/s 482 Cr.P.C to quash proceedings has to be sparingly exercised...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheques issued towards payment of amount due under chit transactions - No dispute regarding dates of presentation of cheques, their dishonour, issuance of statutory notice and compliance of provisions of Act with regard to limitation..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Parties have arrived at settlement - Entire amount agreed between parties is received by complainant and he has no objection if conviction of accused with respect to offence is quashed - Conviction and sentence set aside - Accused..........
Criminal Procedure Code, 1973, Section 482, Insolvency and Bankruptcy Code, 2016, Section 14, 17 -- Power u/s 482 Cr.P.C - Cannot be used to undermine Statutory dictate u/ss 14, 17 of IBC...........
Criminal Procedure Code, 1973, Section 482 -- Power u/s 482 Cr.P.C may not be available to Court to countenance breach of a statutory provision - Words `to secure the ends of justice' in S.482 Cr.P.C cannot mean to undermining of a statutory dictate...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact i.e whether petitioner was Director or Authorized Signatory of accused company or petitioner's employment with accused/company was confined to maintenance of accounts, whether or not cheque in question was..........
