Indian Penal Code, 1860, Section 406, 397, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Civil dispute - Labour charges not paid and amount due to the complainant for the machines and accessories supplied not paid - Real dispute between the parties relates to non payment of charges for which remedy lies in the civil Court - Proceedings quashed...........
Indian Penal Code, 1860, Section 364, 307, 504, 506, Criminal Procedure Code, 1973, Section 145, 482 -- Quashing of FIR - Proceedings initiated u/s 145 Cr.P.C. between the parties - Applicants fired shots though complainant escaped unhurt - Held, that there is no question of any civil matter being converted into a criminal case - Allegations cannot be said to be of civil..........
Criminal Procedure Code, 1973, Section 482 -- Publication of libelous matter in newspaper - Prosecution of Editor-i, Chief - Quashing of - Petitioner was impleaded as an accused merely on ground of his being "Editor-i, Chief of "Dainik Tribune" without any other averment in complaint that he controlled selection of the matter that was published in news item - Held,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Held, this power is to be used sparingly, with circumspection and in rarest of rare cases - The expression rarest of rare cases is not used in the sense in which it is used with reference to punishment for offence under S.302 IPC...........
Indian Penal Code, 1860, Section 406, 448, Criminal Procedure Code, 1973, Section 482 -- Quashing - Civil suit was instituted on 18.2.1998 and FIR was lodged on 22.4.98 - FIR did not constitute offence u/s 406 and 448 IPC - No entrustment of any property - Dispute of civil nature - FIR quashed...........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Company - Complaint against Managing Director and General Manager - Company not arrayed as accused - Vicarious liability of Directors or Officers of Company is not extended to an offence u/s 406 IPC - Complaint quashed and costs of Rs.1,00,000/- imposed for..........
Criminal Procedure Code, 1973, Section 482 -- Proceeding u/ss 420, 120-B of IPC - Quashing of - Contractual relationship between petitioners as client with opposite party No.1 was complete, as and when petitioners issued cheques amounting to Rs.5 lacs in favour of opposite party - It is not the case of opposite party as disclosed in complaint, that cheques issued by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 323 -- Quashing of FIR - Offence u/ss 406, 498-A, 323 IPC - Divorce by mutual consent granted whereby wife undertook to get the FIR quashed - Compromise duly signed by both the parties and even brother of wife had signed as a witness - In a petition for quashing FIR wife stated that she..........
Indian Penal Code, 1860, Section 420, 424, U P Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Quashing - High Court dismissed the petition for quashing on the basis of ratio of decision passed by that Court - Held, that ratio of that case did not apply to the facts and circumstances of the present..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306 -- Quashing of FIR - Abetment of suicide - FIR lodged against accused on account of statement of deceased`s widow and two notes recovered from uniform pocket of deceased - No allegations of harassment made by complainant - Contents of suicide notes does not make out case against petitioner -..........
