Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of FIR and stay of arrest - There is no averment that police is not following law or is going to make any arbitrary and illegal arrest of petitioner - No case of gross miscarriage is pleaded or demonstrated - Moreover, manner in which petitioner prays that his arrest should be stayed at the best can..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 467, 468, 471, 120B -- Quashing of proceedings - Offences u/ss 467, 468, 471, 120-B IPC - Compromise between parties - No possibility of conviction of accused - Held, once disputes are settled by mutual compromise, then no useful purpose would be served by keeping the criminal proceedings..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against maternal uncles of husband - Accused are not immediate family members of husband - Except bald statements nothing else indicating their involvement in the crime was mentioned - Prima facie case against accused has not been made out on..........
All India Services (Discipline and Appeal) Rules, 1969, Rule 3(2), 8 -- Disciplinary proceedings - Approval taken of disciplinary authority for initiation of proceedings and not for issuance of charge memo - Non compliance of mandatory provision of R.8(4) - Order quashing charge memo, held, proper...........
Indian Penal Code, 1860, Section 376D -- Rape - Quashing of order accepting final report - Statements of prosecutrix recorded u/s 164 Cr.P.C not correctly discussed in impugned order - Even the significance and implications with regard to absence or presence of smegma completely misunderstood and inferential finding in that regard has not at all been correctly recorded..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Non-compoundable offence - Court while exercising its inherent jurisdiction u/s 482 Cr.P.C can quash proceedings even qua non-compoundable offences...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Compromise arrived at between parties - Dispute has been amicably resolved - FIR along with all subsequent proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of proceedings - Vicarious liability - Plea that petitioners are not responsible or that they were not in charge of affairs of the company - However, complaint mentions details attributing sufficient role to the accused - Debatable issues raised by petitioners can only be tested during..........
Criminal Procedure Code, 1973, Section 482, Insecticides Act, 1968, Section 31, 3(k)(i), 17, 18, 33, 39, Insecticides Rules, 1971, Rule 27(5) -- Quashing of complaint - Sanction for prosecution - Offence u/ss 3(k)(i), 17, 18, 33, 39 of Insecticides Act and R.27(5) of Insecticide Rules - In complaint, petitioners not impleaded as accused in their individual capacity, only..........
Criminal Procedure Code, 1973, Section 482, Insecticides Act, 1968, Section 3(k)(i), 17, 18, 29, 33, Insecticides Rules, 1971, Rule 27(5), 29(1)(A) -- Quashing of complaint - Delay in filing of complaint - Offence u/ss 3(k)(i), 17, 18, 29, 33 Insecticides Act and Rr.27(5), 29(1)(A) of Rules - Sample sent for a second laboratory test on request of accused - Is of no help..........
