Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 332, 353, 504 -- Quashing of FIR - Attempt to murder - A-1 hit complainant with tractor due to which complainant received injuries - Said fact is fortified from injury report of complainant which shows that complainant received four injuries - Police also found prima facie case made out..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Cheque presented and dishonoured - Cheque again presented after its validity period of six months - Cheque became invalid - Entire proceedings vitiated - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 323 -- Quashing of proceedings - Offence u/ss 498-A, 406, 323 - Court under exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to analyze factual evidence, which is a subject of trial Court - Since complaint discloses offence in question, application for quashing rejected...........
Constitution of India,1950, Article 227 -- Quashing of summoning order - Power u/art 227 of Constitution is of judicial superintendence which cannot be used to upset conclusion of facts, howsoever erroneous those may be, unless such conclusions are so perverse or so unreasonable that no Court could ever have reached them...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Kidnapping - Quashing of summoning order - Grievance of complainant is that all the persons named in complaint not summoned - However, Magistrate cannot work as mouth piece of complainant and thus, not bound to summon all persons named in complaint, if there is no sufficient grounds to proceed against..........
Indian Penal Code, 1860, Section 420, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of summoning order - Allegation that Rs.2 lacs was taken by accused with an assurance for getting job at Railway to son of complainant - However, neither job was given nor money was returned back for which persistent demand was made by complainant and protest..........
Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of summoning order - Summoning order was passed on basis of evidence obtained u/ss 200, 202 Cr.P.C - Previous institution of case against accused is an evidence of motive or cause either in execution of offence or in defence by either side - Same is a question of evidence and of..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of summoning order - Fraud and deception in delivery of property by fraudulent acts - Magistrate passed summoning order after appreciating facts and evidence brought on record - High Court in exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 92 of Urban Improvement Trust Act - Parties settled their dispute amicably - No possibility of accused being convicted in the case pending against him - Once disputes have been settled by mutual compromise, then no useful purpose would be served by keeping criminal proceedings pending -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Trial at the final phase of arguments - Not proper to delve into disputed question of fact - Application dismissed...........
