Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Offence u/ss 376, 506, 120-B IPC and S.3 of SC&ST Act - Statement of young prosecutrix has been recorded and that proceedings before trial Court have been stayed in quashing petition..........
Arms Act, 1959, Section 17, Criminal Procedure Code, 1973, Section 482 -- Suspension of arms license - Quashing of order - Merely because accused was involved in criminal case his arms license could not be suspended, particularly when said criminal case was not registered under the provisions of Arms Act - Moreover, conviction of petitioner already reduced to period..........
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138 -- Offence u/ss 420, 406, 120-B IPC - Quashing of FIR - FIR cannot be quashed merely on the ground that complaint u/s 138 of N.I Act is filed, particularly when police has found material to present challan against petitioner showing his involvement in conspiracy - Petition for..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating and forgery - Criminal conspiracy - Quashing of FIRs - Specific allegation against accused that they hatched a conspiracy and got registered sale deed executed in their favour, regarding property which falls in the share of complainant and already partitioned - Prima facie case found against accused..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Complaint inspired by malice and version contained therein full of high improbabilities - Continuation of proceedings on that basis is likely to result in abuse of process of Court - Entire proceedings of complaint in question..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against family members of husband - Applicants not lived with complainant - Husband of complainant not made accused - Change of version between version given in police station and version given out in complaint is..........
Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 17, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366 IPC and S.17 of POCSO Act - Quashing of FIR - Prosecutrix found major by Doctors who conducted her ossification test as per order of Court - Medical report of prosecutrix is based on complete..........
Criminal Procedure Code, 1973, Section 245, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 379, 504 -- Discharge - Offence u/ss 498-A, 323, 406, 379, 504 IPC - Complainant filed complaint against her i, laws - Discharge application of accused dismissed by Magistrate and quashing petition against the same also dismissed by High Court - No good grounds found to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Criminal breach of trust - Allegation that accused, railway officer took money from informants on false promise to appoint them in railways - As per contents of FIR, complainant never handed over any money to accused - No illegal act on part of petitioner to induce informant to part with money - Prima facie no..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court should not quash proceedings only on the basis of evidence of some PWs - Even if some PWs have not supported prosecution case, in that event also continuation of trial cannot be said abuse of process of Court...........
