Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Settlement - Dispute between parties sorted out and they arrived at an agreement to settle all cases between them - Husband handed over a demand draft of Rs.1 lakh to wife in terms of agreement and also paid another sum of Rs.95,000 to wife - Settlement is taken on record and form part of..........
Indian Penal Code, 1860, Section 302, 147 -- FIR - Quashing - False implication - FIR cannot be quashed on the basis of defence or possible defence which can only be taken to ascertain the correctness or otherwise of the prosecution version which is yet to come after completion of investigation - Petition dismissed...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty to wife - Quashing of FIR - Petitioners are Jethani and Nanad of complainant - Complainant has given role to each of the petitioner when she was beaten up - No MLR nor any photographs showing injuries - There is tendency for roping all the relations in dowry case - Proceedings..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - There is no hard and fast rule that proceedings cannot be quashed after filing of challan or even after framing of charge - It all depends upon facts of each case...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court is not expected to be a silent spectator when it is made out that criminal proceedings are abuse of process of Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 499, 500 IPC - Defamatory statement against complainant, eminent sports personality in press meet that all his achievements were purchased by paying money - Newspaper report against complainant may result in defamation of complainant before readers - However, newspaper report does not name..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 34 -- Quashing of Look Out Circular (LOC) - Offence u/ss 406, 498-A, 34 IPC - Matrimonial dispute - Petitioners are sister-i, law and brother-i, law of complainant - Petitioner no.1 is a married lady having two children - Main allegations are against complainant's husband, father-i, law..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Dispute regarding custody of daughter of complainant - Real dispute is between complainant and his sister - Name of petitioner/brother of complainant nowhere cropped up in entire episode - Allegations levelled against petitioner when daughter of complainant was found from the home of petitioner -..........
Indian Penal Code, 1860, Section 409 -- Offence u/s 409 IPC - Order taking cognizance of offence - Quashing of order - Petitioner exonerated from departmental inquiry on the very same charges - Magistrate failed to appreciate in correct prospective, the sound and substantial reasons given by police in negative final report and proceeded to take cognizance against..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Petition u/s 482 Cr.P.C. for quashing of order and consequential proceedings under PWDV Act - Maintainability - Petitioner challenged complaint is without jurisdiction - High Court thus, with its vast inherent powers would be able to entertain..........
