Indian Penal Code, 1860, Section 493, 496, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 493, 496 IPC - Quashing of proceedings - Ss.493, 496 IPC incorporated in final report filed by police u/s 173(2) Cr.P.C. - However, Court is prescribed from taking cognizance of offences except upon complaint made by aggrieved person - Petitioner cannot be compelled to..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Prosecutrix maintained sexual relationship with petitioner for 4 years before death of her husband, for 4 years after death of her husband and even after knowing about marriage of petitioner with another lady - Relationship between petitioner and prosecutrix..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Prima facie allegations of harassment and demand of dowry are made out - However, despite that High Court quashed FIR against respondents primarily on the ground that earlier two complaints that were filed by appellant did..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Wife filed the complaint after grant of divorce, a month later - Application filed as a counter blast to fact that husband has two orders in his favour, one by Courts in Austria ordering wife to bring child back to Australia and other, by Courts in..........
Indian Penal Code, 1860, Section 420, 406, 395, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute pertaining to sale of motor vehicle by complainant to appellants and non-payment of remainder amount - Dispute is of civil in nature - Continuation of a dispute pertaining to payment of money and handing over of possession of motor vehicle, would be an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, Indian Penal Code, 1860, Section 420, 411, 482, 120B, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of proceedings - Petitioner was the owner of car in view of supplementary challan - He was not identified at the spot - Initial accused were acquitted - Therefore, now at this stage,..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Allegation that appellant had dishonestly used a fake NOC from Fire Department to obtain recognition/renewal of affiliation to run educational institution - However, NOC from Fire Department was not necessary for recognition/renewal of affiliation of educational institutions..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Agreement to sell - At the stage of execution of an agreement to sell, question of handing over of original documents would not arise - Even if allegation is taken to be correct, by no stretch of imagination can it be said that by not handing over original document of ownership..........
Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Matrimonial offence - Settlement - Quashing of proceedings - Once marital relationship has ended in divorce and parties have moved on in their lives individually, continuation of criminal proceedings against family members, especially in absence of specific and..........
