Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of FIR - Criminal breach of trust - Essential ingredients to constitute criminal breach of trust is `Entrustment of Property' and `Dishonest use of the same' - In the instant case, as per FIR, element of entrustment is missing and it is case of complainant himself that it was a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Cheating - Offence of cheating would not be made out, merely because of breach of promise by borrower to return loan amount - Moreover, there is no inducement on the part of petitioner muchless by deceiving him - FIR quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Inherent powers - Ordinarily, defence of accused although appears to be plausible should not be taken into consideration for exercise of jurisdiction u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Inherent powers - High Court shall not express its view on disputed questions of fact in a petition u/s 482 Cr.P.C. to come to a conclusion that offence is not made out...........
Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Quashing of FIR - Events which stand narrated in FIR post occurrence of alleged incident are also quite unbelievable and no prudent person can even reach to a just conclusion on the basis of allegations made in FIR that there are sufficient grounds for proceeding against accused - No cogent explanation coming..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petition u/s 482 Cr.P.C. - Court while entertaining petition u/s 482 Cr.P.C. for quashing of FIR, is cautious enough not to scuttle the trial, but in a glaring cases of misuse of powers by the police...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379B -- Quashing of FIR - Offence u/s 379-B IPC - Illegal detention - Detention of petitioner till registration of FIR found to be illegal and he has suffered ignominy of subsequent judicial custody on basis of false implication, and which resulted into loss of self respect and dignity of a poor..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 363, 366 -- Quashing of FIR - On basis of compromise - Offence u/ss 363, 366 IPC - Perusal of allegations in FIR reveals that case squarely falls in category of cases that can be quashed by High Court, in exercise of its inherent power u/s 482 Cr.P.C. - Continuation of criminal proceedings..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Quashing of complaint - Notice - Plea of non service of notice - Complainant produced certain documents to show that such notice was sent by registered post in the given address and service of same is authenticated by postal department - Moreover, Court cannot..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of FIR - Offence u/s 406 IPC - Compromise - Parties have reached a settlement and dispute between parties amicably settled - Complainant does not want to hold accused responsible - Quashing of FIR would definitely be to secure ends of justice and to prevent abuse of process of..........
