RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Where after taking into consideration the allegations levelled in FIR no case is made out, High Court can quash FIR while exercising power u/s 482 Cr.P.C - However, High Court must exercise its inherent powers for the purpose of quashing FIR very rarely and not in a routine..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 182-- Quashing of complaint - False information - Investigating agency has failed to show that appellant has given information which she was knowing and believing to be false but still gave the information to harass the respondent No.3. - Failure to make out a case u/s 182 IPC - Complaint u/s 182 IPC..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - A person who has merely filled the cheque is not liable u/s 138 of the Act - As far as drawer of cheque is concerned, no notice u/s 138 of Act issued to her demanding payment of cheque amount - Complaint filed prior to lapse of fifteen days statutory..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482-- Criminal breach of trust - Cheating - Quashing of complaint - Complaint does not disclose any breach of contract nor intention to cheat - Only sale amount was not paid in part - Offence discloses only a civil liability - Held, no offence u/ss 406 & 420 IPC is made out - Prosecution is wholly..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 498A, 323, 504, Criminal Procedure Code, 1973, Section 482-- Cruelty - Quashing of complaint - Specific allegations against husband and father-i, law - Proceedings against them to continue - However, since there are no specific allegations against Jeth and dewar, as such proceedings against them quashed...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 452, 353, 506, 34, Criminal Procedure Code, 1973, Section 482-- Assault - Quashing of summoning order - Four years after obtaining decree of divorce wife filed a complaint against her husband that he came to her house with his family members and assaulted her - Held, complaint was lodged only to wreck vengeance and seek vendetta by harassing the husband and..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482-- Cheating - Criminal conspiracy - Quashing of proceedings - Averments in complaint so as to infer fraudulent or dishonest inducement made by accused No.1 and accused No.2 pursuant to which appellant parted with money - It is the case of appellant that Respondent No.2 does not have title over the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, 61, Criminal Procedure Code, 1973, Section 482, Evidence Act, 1872, Section 27-- Quashing of FIR - Recovery of opium - No reference made by co-accused about involvement of petitioner - Except disclosure statement of co-accused u/s 27 of Evidence Act, there is no incriminating evidence available on record as against petitioner - Disclosure statement also had not culminated in..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 205, 317, 482-- Exemption from personal appearance - Offence u/ss 406 & 120-B IPC - Petitioners seeking exemption from person appearance on the ground of old age and suffering from ailments as they are not in a position to reach Court on account of distance from their residence - Petitioners failed to produce any..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482-- Criminal Breach of trust & cheating - Quashing of proceedings - No objection certificates and other certificates required for lease were obtained fraudulently and with a criminal intention by petitioners - Petitioners contended that matter is purely of civil nature as allegations were breach of..........