Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court while hearing quashing petition is not supposed to embark upon enquiry as to veracity of allegations...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused facing number of trials for the serious offences - It is a relevant factor while exercising inherent power u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 294, 34 -- Quashing of proceedings - Compromise - Attempt to murder - High Court quashed proceedings solely on the basis of compromise without considering the fact that said offences are no, compoundable - Even, High Court not considered the relevant facts and circumstances of case, more..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 120B -- Quashing of proceedings - Cheating - Parties obtained consent decree from DRT in view of settlement arrived at between them - Accused paid entire sum and there is no live issue which now survives - No criminality issue surviving qua accused, who are alive so as to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 468, 120B -- Quashing of proceedings - Offence u/ss 406, 468, 120-B IPC - Parties settled the dispute amicably - Dispute is of civil in nature - Accused paid the amount of Rs.10 lakhs as agreed between parties - Complainant had no objection if offences are compounded - Proceedings quashed...........
Indian Penal Code, 1860, Section 405, 406, 415, 420, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust and cheating - Quashing of proceedings - An attempt has been made to cloak a civil dispute with a criminal nature despite the absence of ingredients necessary to constitute a criminal offence - Complaint amounts to abuse of process of Court -..........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Non-payment of entire invoice amount by accused/company as agreed between parties - Petitioner contended that he ceased to be Director of company on the relevant time thus, no liability arose when he was a Director of Company - Contention..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal complaint - Criminal complaints cannot be quashed only on ground that allegations made therein appear to be of civil nature...........
Criminal Procedure Code, 1973, Section 190, 482 -- Issuance of process - Quashing of proceedings - At initial stage of issuance of process it is not open to Courts to stifle the proceedings by entering into merits of the contentions made on behalf of the accused - If ingredients of the offence alleged against the accused are prima facie made out in the complaint, criminal..........
Criminal Procedure Code, 1973, Section 190, 482 -- Cognizance of offence - Quashing of proceedings - Proceedings can be quashed only in a case where complaint does not disclose any offence or is frivolous, vexatious or oppressive - If allegations set out in complaint does not constitute offence of which cognizance has been taken by Magistrate, it is open to High Court to..........
