Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451, 323, 506, 34 -- Quashing of FIR - Offence u/ss 354, 451, 323, 506, 34 IPC - Compromise - Offences u/ss 354, 451 IPC not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of..........
Indian Penal Code, 1860, Section 494, 120B -- Bigamy - Quashing of proceedings - Second marriage by wife during subsistence of her first marriage - Petitioners admitted that it was second marriage of wife - Prima facie offence u/s 494 IPC is made out against wife and co-accused - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 363, 366, 342, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(L), 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Marriage between parties - Quashing of proceedings - Victim and accused were in love with each other - Accused was aged only 18-19 years, which recognizes person as an adult in law,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 447, 201, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Quashing of FIR - Offence u/ss 406, 447, 201, 120-B IPC and S.13(2) of P.C Act - Illegal felling of trees - No specific allegations if any with regard to uprooting/felling of trees standing on land used by petitioner for..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, 203 -- Dishonour of cheque - Issuance of process - Quashing of order - Offence by company - If a director wants process to be quashed on ground of vague averments or on ground that he is independent director appointed as per second proviso to S.141 of the Act, such a director is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 509, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(DA) -- Quashing of FIR - Compromise - Offence u/s 509 IPC and S.3(1)(DA) of SC/ST Act - Parties have settled their dispute amicably - There is no possibility of accused being convicted in case pending..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque in question not issued towards any consideration or to clear of any debt or liability - Ingredients of offence u/s 138 of the Act are lacking - Proceedings quashed...........
Indian Penal Code, 1860, Section 379, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Theft of sand - Quashing of proceedings - Person can be prosecuted for offence u/s 379 IPC on the allegation of illegal mining in view of S.22 of 1957 Act, as offence u/ss 4, 21 of 1957 Act is..........
Criminal Procedure Code, 1973, Section 145 -- Order u/s 145 Cr.P.C - Quashing of order - Magistrate on basis of presumption rejected claim of applicant that she is in possession over plot in dispute and has accepted objections filed by respondents - Neither Magistrate has called for any police report regarding spot inspection of plot in dispute nor has obtained other..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of proceedings - Cheating - Compromise - Parties have settled their dispute amicably - Complainant does not want to press charges levelled against accused - There is no possibility of accused being convicted in the case pending against him - No useful purpose..........
