Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 468, 469, 471, 34 -- Quashing of proceedings - Issuance of blank cheques - Allegation of converting the blank cheques into valuable documents and presented the same for encashment and getting the same dishonoured with mala fide intention - Present proceedings are counter blast of proceedings..........
Civil Procedure Code, 1908, Section 151 -- Quashing of order - Order directing defendants to produce their witnesses without formal order closing evidence of plaintiff - Mere technicality - From the order itself it is abundantly clear that evidence of plaintiff was closed - No interference warranted in impugned order...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Quashing of investigation and proceedings in FIR - No material found in investigation to connect petitioner with crime - Only allegation against petitioner is that he abetted the offenders - Offenders against whom police filed charge sheet stands acquitted by Court, hence no offence whatsoever is made out against..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Agreement to sell - Dispute cannot be said to be civil nature as on the date of agreement to sell property was already mortgaged with bank which fact was concealed - Fact that accused surrendering land with Municipal Council and obtaining patta for said land was also concealed by accused - No..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 406, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Matrimonial dispute - Compromise arrived at between parties - Chance of ultimate conviction is bleak - No useful purpose is likely to be served by allowing a criminal prosecution against..........
Criminal Procedure Code, 1973, Section 482, 156, 200, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - After execution of agreement to sell and payment of complete consideration amount, original complainant came to know that disputed property was mortgaged with bank and hence he filed case for cheating - However, complainant himself paid mortgage..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 415 -- Quashing of order - Order taking cognizance - Offence u/s 415 IPC - Trial Court took cognizance upon protest petition - While allowing protest petition, trial Court examined CW1 to CW4, who have narrated all ingredients, which prima facie disclose offence for which Court below has taken..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Specific allegations that applicant is director of accused/company along with other accused and they are collectively involved in core functioning of company including all its major decision making - Whether applicant was playing active role in day to day affairs of company at..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Matrimonial dispute - Where proceedings arise essentially out of matrimonial dispute and parties have decided to bury hatchet, Court must examine if there is any likelihood of criminal prosecution resulting in conviction...........
Indian Penal Code, 1860, Section 498A, 406, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of two FIRs - Settlement - Offence u/ss 498-A, 406, 506, 509, 34 IPC - Matrimonial dispute - Wherein matrimonial relation is brought to an end by mutual consent and parties are eager to move on with their respective lives seeking closure and if there is nothing..........
