Indian Penal Code, 1860, Section 420, 460, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Property sold to someone else - Suit for specific performance filed and partly decreed in favour of complainant - Complaint u/s 420 r/w S.460 IPC - Allegations contained in complaint, taken on their face value, make out a case of cheating - Power u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Commercial transaction - Mere fact that the complaint relates to a commercial transaction or breach of contract, for which a civil remedy is available or has been availed of, is not by itself a ground to quash the criminal proceedings - The test is whether the allegations in the complaint..........
Indian Penal Code, 1860, Section 498A, 342, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 342, 506 IPC - Quashing of charge-sheet - Inter-state jurisdiction - As per FIR alleged offence took place in territory of `U' - Since trial of offence shall be done ordinarily within territorial jurisdiction of Court where such offence has been committed -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 323, 504 IPC - Three accused - Applicant absented himself during trial - Case of other two co-accused separated - Complainant became hostile and stated that he could not see his assailants - Both accused acquitted - Held, that case of applicant was covered by principle of..........
Indian Penal Code, 1860, Section 366, Criminal Procedure Code, 1973, Section 482 -- Marriage against wishes of father of wife - Father of wife lodged FIR u/s 366 IPC - Affidavit filed by wife that she married against wishes of her parents - Wife present in Court admitting averments of affidavit - FIR quashed...........
Indian Penal Code, 1860, Section 500, 499, Criminal Procedure Code, 1973, Section 482 -- Defamation - Scathing attack by accused on the character and conduct of complainant - Defences available to accused with which he can justify such an allegation, cannot be gone into while exercising jurisdiction u/s 482 Cr.P.C. - Even if the imputations are covered by Exception 9 of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 464, 423, 420, 34 -- FIR - Quashing of - Sale of land to daughter by General Power of Attorney holder inspite of specific notice of revocation of Attorney - Complaint cannot be quashed by holding that it is a matter of civil dispute when it prima facie discloses ingredients of offence complained...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 365, 366, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Offence u/ss 363, 365 366 IPC and S.3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Girl alleged to be kidnapped found to be above 18 years and marrying..........
Criminal Procedure Code, 1973, Section 173(8), 311, 482 -- Deceased married to respondent No.4 and she died on 24.1.1988 - Death stated due to heart failure and respondent No.5 gave a certificate to that effect - On complaints of appellant, brother of deceased, dead body was exhumed and post mortem conducted - Report revealed that victim died of Organo Phosphorous..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- FIR filed by wife under section 498-A IPC against husband and others - Quashing of FIR sought on the ground that it was a counter-blast to divorce petition filed by husband - Whether FIR was as a counter-blast to the divorce petition or not is to be decided by Trial Court after parties..........
