Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 3, 4 -- Quashing of FIR - Offence u/ss 406, 420 IPC and Ss.3, 4 of Prize Chits and Money Circulation Schemes (Banning) Act - It is a case where both parties are alleging violation of terms and conditions of agreement..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Hire purchaser agreement - Accused filed consumer complaint against manufacturer as vehicle was defective - Not a ground to quash complaint instituted by financier for dishonour of cheque...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Question whether cheque had been issued to discharge debt - To be ascertained during trial only - Correctness of allegations made in complaint cannot be ascertained in a petition filed u/s 482 Cr.P.C. - Petition dismissed...........
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Deceased committed suicide by consuming some poisonous substance - He borrowed Rs.28 lacs from co-accused and same was repaid by him by selling his agricultural land, but despite that he was subjected to ill-treated by applicant and other..........
Indian Penal Code, 1860, Section 166, 167 -- Offence u/ss 166, 167 IPC - Quashing of proceedings - Allegation against petitioner is that she acted against Rules and guidelines and had refused to register settlement deed - However, all that petitioner had done was requested de facto complainant to produce original of Patta obtained by his predecessor in terms of Circular..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If a civil remedy is available and is in fact adopted, there can be no hesitation to quash criminal proceedings to prevent abuse of process of Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Ordinarily, defence of an accused, although appears to be plausible, should not be taken into consideration for exercise of jurisdiction of Court u/s 482 Cr.P.C - But it does not mean that documents of unimpeachable character should not be taken into consideration by High Court for the purpose of..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of one live cartridge - No whisper of an averment in FIR as averred in charge sheet that petitioner was aware of being in alleged conscious and knowledgeable possession of ammunition in question - FIR along with proceedings emanating therefrom against petitioner quashed...........
Indian Penal Code, 1860, Section 499 -- Defamation - Quashing of complaint - Allegation that accused a practicing lawyer made some statement against particular group of lawyers who were agitating and protecting against media - However, accused in his speech referring lawyers as general class and not representing a collection or general class of lawyers - Moreover, when..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Quashing of summoning order - Death by medical negligence - - Quashing of summoning orders - There is a pre-condition for seeking an opinion from a doctor in Government Service qualified in branch concerned before proceeding in a complaint case and that condition has not been satisfied in..........
