Criminal Procedure Code, 1973, Section 482 -- Quashing - Doctrine of stare decisis - Applicants not named in FIR - Prosecutrix did not name them in her statement recorded u/s 164 Cr.P.C. and statement in Court - Prosecutrix had herself gone away from her house due to ill treatment by her step father - Co-accused acquitted of the charges u/ss 363, 366 & 376 IPC -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Initiation of criminal proceedings when civil suit was pending between the parties - Construction started after sanctioning of map by prescribed authority - Opposite party filed a civil suit against the order of Prescribed Authority for restraining applicants from raising further construction -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing - Complaint disclosing an offence u/s 420 IPC - High Court not justified in quashing the prosecution - Appeal allowed...........
Indian Penal Code, 1860, Section 420, 114, Criminal Procedure Code, 1973, Section 482 -- Family settlement - Thumb impression of complainant forged - On that basis property transferred and mutation effected - Civil suit filed by complainant against the purchasers of that property - Held, that simply because act of accused involves civil liability it does not absolve him..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Misappropriation of money deposited with Post Office - Complaint - Statement of complainant recorded - Thereafter complaint sent to police for investigation u/s 202 Cr.P.C. - On receipt of report of police Magistrate summoned petitioner - Revision against - Dismissed - Held,..........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Neither sale deed executed nor earnest money refunded - Limitation to file civil suit expired - Complaint filed after three years of alleged agreement to sell and two years and eight months of the last date fixed for registration of sale deed - Held, where..........
Indian Penal Code, 1860, Section 465, 467, 468, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Will alleged to be forged - Civil Court held that Will is genuine - Quashing of FIR sought - Finding of civil court is not binding upon Criminal Court except u/s 41 of Evidence Act - Once civil court held that will is genuine and not forged and such finding..........
Indian Penal Code, 1860, Section 498A, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioners are mother-in-law, brother-in-law and sister-in-law of complainant - Challan filed - Complainant living separately with her husband - Earlier litigation was also with her husband only - Complaint filed after 17 years of marriage - No previous history..........
Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 482 -- Quashing of Kalandra on the complaint made by petitioner - Case u/s 379 IPC registered - Police filed report before Magistrate - Magistrate sent the case back for further investigation - Since the proceedings on the basis of complaint of petitioner have not attained finality, presentation..........
Indian Penal Code, 1860, Section 323, 341, 362, 383, 464, 463, 467, 387, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR in an offence u/ss 323, 341, 362, 383, 464, 463, 467 & 387 IPC - Person abducted stating that he was not taken forcibly by petitioners or any body else and that he was living in farm house with his free will - FIR quashed...........
