Criminal Procedure Code, 1973, Section 482, 468, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of FIR - FIR u/s 498-A, 406, 34 IPC - Earlier complaint filed in which settlement arrived at but not fully acted upon - Said complaint was not revived - Complainant filed second complaint - It cannot be said that FIR in question is beyond period of limitation -..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Accused not having title to the property but dealt with the property and on that basis complainant was induced to part with valuable consideration - These allegations whether true or not is a matter of trial - Order quashing..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Single judge while deciding application u/s 482 Cr.P.C not referred the facts of case to appreciate the controversy of case - Single Judge ought to have first set out brief facts of case with a view to understand factual matrix and then examine challenge made to proceedings in the light of principles of law..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding an application u/s 482 Cr.P.C., High Court has to appreciate the factual controversy such as, (a) What is the nature of complaint/ FIR filed against appellants, (b) allegation on which it is filed, (c) offences under which appellants prosecution is sought, (d) who filed the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 304-B IPC and Ss.3, 4 Dowry Prohibition Act - Quashing of proceedings - High Court dismissed the application to quash proceedings by quoting principles of law to decide application u/s 482 Cr.P.C. without referring to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323 IPC and Ss.3, 4 Dowry Prohibition Act - Quashing of proceedings - High Court dismissed the application to quash proceedings by quoting principles of law to decide application u/s 482 Cr.P.C. without referring to facts..........
Indian Penal Code, 1860, Section 363, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping - Minor left voluntarily her house and solemnized marriage with petitioner - Thereafter, High Court gave protection to run away couple with direction that protection would not hamper any proceedings under Prohibition of Child Marriage Act, 2006 - Marriage has..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Allegation that accused kept on calling wife of deceased on her mobile and keep harassing her which allegations are supported by statements of mother and wife of deceased recording during investigation - Record shows that 3-4 days prior to suicide..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - For quashing proceedings, meticulous analysis of factum of taking cognizance of an offence by Magistrate is not called for - Appreciation of evidence is also not permissible in exercise of inherent powers - If allegations set out in complaint do not constitute offence of which cognizance has been..........
Negotiable Instruments Act, 1881, Section 138, 142, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner is not the signatory of cheque - Cheque signed by wife of petitioner and account on which cheque was drawn belongs to sole proprietorship concern of his wife as per..........
