SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307- - Compounding of offence - Charge sheet filed - Evidence yet to be adduced - Long standing disputes between parties - Village elders made parties to compromise the matter - In view of settlement no witness likely to turn up to support prosecution - Chances of conviction appear to be remote - Held,..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482-- Non-compoundable offences - Quashing proceedings - Exercise of power by High Court - Principles laid down...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307-- Attempt to murder - Compounding of offence - Held, only because FIR/Charge-sheet incorporates provision of S.307 IPC would not by itself be a ground to reject petition u/s 482 Cr.P.C. and refuse to accept settlement between parties - If High Court forms an opinion that provision of S.307 IPC was..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 320, 482-- Compounding of offence - Compounding u/s 320(1) Cr.P.C. is permissible only in minor offences or in no, serious offences - Likewise, when parties reach settlement in respect of offences enumerated in S.320(2) Cr.P.C. compounding is permissible but it requires approval of Court - In so far as..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of complaint - High court committed an error in quashing the complaint against respondent No.3 without hearing the appellant co-accused and without impleaded him as party in the writ petition filed by respondent No.3 as their alleged roles are interconnected - Held, There is clear..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Scope - While dealing with petition u/s 482 Cr.P.C., it is necessary to consider as to whether the allegations in complaint prima facie make out a case or not and Court is not to scrutinize the allegations for the purpose of deciding whether such allegations are likely to..........
KERALA HIGH COURT
Year of decision: 2014
Details
Immoral Traffic (Prevention) Act, 1956, Section 13, 14, Criminal Procedure Code, 1973, Section 482-- Offence punishable under provisions of 1956 Act - Quashing of final report and order taking cognizance - Held, only Special Officer appointed by or on behalf of Government for dealing with offences under the Act of 1956 in specified area has power to investigate - In present case, investigation..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of charge sheet - Prosecution's stand totally falsified from the information furnished under RTI which is a document of unimpeachable credibility as well as the facts stated by opposite party No.3 in his counter affidavit by stating entirely a different version of the occurrence - No..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Insecticides Act, 1968, Section 33, Criminal Procedure Code, 1973, Section 482-- Non compliance of mandatory provision of S.33 of the Act as in the complaint it was not mentioned that petitioners were at the time of commission of offence were in charge or responsible to the company for the conduct of its business - Complaint and all subsequent proceedings quashed...........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings qua petitioner/accused No.4 - Offence by company - There is only specific averment with regard to role of accused No.1/company pursuant to loan agreement entered into between accused No.1 and complainant - In absence of specific averments with regard..........