Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Non disclosure of certain material facts at the time of execution of agreement - Offence u/s 420 IPC is prima facie made out - Petition to quash complaint dismissed...........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Hypothecation of machinery for taking loan - Accused removing machinery and stock without making repayment - No criminal offence under Ss.420, 406 IPC is made out - FIR quashed...........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 498A -- FIR u/s 498-A IPC - Parties entering into compromise and getting divorce by mutual consent - FIR quashed - Proceedings are bound to fail as none of the prosecution witnesses will support the case of the prosecution...........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 482, Income Tax Act, 1961, Section 276C(1), 227, 278B -- Income-tax return - Concealment of income - Penalty imposed and criminal complaint filed - Penalty quashed by Income Tax Appellate Tribunal on a finding that there is no concealment of income by the assessee - Prosecution cannot be sustained..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Counter blast - Quashing of - FIR against wife for committing murder of her husband - Thereafter wife lodged FIR under Sections 406, 498-A IPC against mother of her deceased husband - FIR lodged by wife quashed being counter blast...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Parties compromising and divorcing each other and living separately - Offence is not compoundable - However, proceedings quashed so that parties may live in peace and further litigation and bitterness may not continue between them...........
Indian Penal Code, 1860, Section 147, 323, Criminal Procedure Code, 1973, Section 482 -- Essential ingredients of offence u/s 147 completely missing - Prosecution case not inspiring any confidence in view of the fact that the complainant has neither sustained any injury nor specific overtact has been assigned to the petitioners - Proceedings quashed...........
Indian Penal Code, 1860, Section 406, 42, Criminal Procedure Code, 1973, Section 482 -- Deposits taken and post dated cheques issued when applicant was Director of the Company - Company closing office and fled away - Applicant resigned from directorship subsequently - Held, by resigning subsequently applicant is not absolved of responsibility - Going of company into..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323 -- Exoneration from departmental proceedings - Has hardly any material bearing on the case at this stage and cannot come to his aid now - When assault is clearly made out Magistrate is legally justified in issuing process - In deciding the petition u/s 482 Cr.P.C. the determining factor shall..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 325, 323, 34 -- Compounding of offence - Offences u/Ss.325 & 323 IPC are compoundable with the permission of the Court - Compromise between the injured persons and the accused-appellants - Compounding of the offence permitted in view of the statements of the injured persons - Appellants..........
