Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Petition for quashing order of Magistrate is maintainable and availability of remedy u/s 379 Cr.P.C would not make a petition u/s.482 Cr.P.C not maintainable...........
Indian Penal Code, 1860, Section 406, 420, 34 -- Criminal breach of trust and cheating - Criminal and civil proceedings - Quashing of criminal proceedings - Prima facie no case is made out u/ss 406, 420 IPC - Dispute between parties is purely of civil nature - Initiating criminal proceedings definitely amounts to an abuse of process of Court - Final report and proceedings..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, 406 -- Quashing of FIR - Compromise - Offence u/ss 420, 120-B, 406 IPC - Complainant backing out from compromise - Complainant cannot be permitted to back out from her statement particularly when her claim has been satisfied and she made a statement that matter has been mutually..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 447 -- Quashing of FIR - Cheating - Allegations contained in FIR constitute prima facie offence against petitioner - Whether dispute between parties is of civil nature or not can only be ascertained after parties lead evidence - Investigation into allegations levelled in FIR already..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(p), 3(1)(q) -- Quashing of Charge sheet - Offence u/ss 3(1)(p), 3(1)(q) of SC/ST Act - Applicant annexed some papers of case diary without disclosing fact that from where he obtained such papers, which are confidential papers prepared by I.O..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Complaint against police personnels - Allegation of beating and hurling abuse levelled against petitioners - There is no requirement of sanction u/s 197 Cr.P.C, as act of petitioners does not come within the purview of discharge of official duty - Petition for quashing of proceedings dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order taking cognizance of offence - Petitioners contended that since summoning order was not passed, therefore, there cannot be a direction to petitioners to appear before CJM concerned - However, Magistrate after satisfying itself not passed summoning order on the pretext that before summoning order,..........
Indian Penal Code, 1860, Section 506, 427, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 506, 427 IPC - Quashing of charge sheet - Entire criminal prosecution inspired by express mala fide - Version in criminal prosecution is full of high improbabilities - Continuation of criminal proceedings on that basis likely to result in abuse of Court's process - Entire..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 417, 166, 167, 218, 120B -- Cheating - Criminal conspiracy - Quashing of proceedings - Allegations made against accused are very generalized insinuations - It is alleged that accused is a part of conspiracy but not an iota of evidence produced in support of same - Similar allegations were made against other accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379 -- Dismissal of complaint - Quashing of order - Offence u/s 379 IPC - In the complaint crucial details i.e. date of commission of theft not mentioned - Date of theft disclosed for first time in preliminary evidence as adduced by complainant, wherein it was alleged that offence of theft was..........
