Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 403, 409, 464 -- Quashing of proceedings - Offence u/ss 420, 403, 409, 464 IPC - Findings of inquiry clearly indicate that large volume of material facts surrounded by lodging of FIR and its authenticity needs to be investigated and truth unravelled - High Court cannot interdict criminal..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A, Chandigarh (Sale of Sites and Buildings) Rules, 1960, Rule 11 -- Quashing of resumption order - In the instant case, petitioner was never called upon to show cause against order of resumption - Even, notice does not refer to any proposal or intention to resume property for any reason - Moreover, notice..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of summoning order - Cruelty - Dowry demand - Contention raised by applicants relate to disputed question of fact - Court has to eschew itself from embarking upon roving enquiry into last details of case - Perusal of complaint..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of complaint - Offence u/ss 420, 406, 120-B IPC - Gold given at time of marriage to woman is her Istri Dhan and there is no question of breach of trust or cheating as married woman is absolute owner of Istri Dhan property and can deal it with any manner - Prima facie no..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 457, 323 -- Quashing of order - Order taking cognizance - Offence u/ss 457, 323 IPC - Complainant lodged FIR not knowing person who committed the offence - However, in complete contradiction to this, he stated in his statement that he very well knew the petitioner - This contradiction itself makes..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - Offence u/ss 420, 406 IPC - Agreement to sell - Advance amount received by accused and he neither returned amount nor complied with terms and condition of agreement to sell - Breach of agreement between parties - It is purely civil dispute arising out of agreement to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Wrong entries in the mutation record - Mutation entries are fiscal entries and do not create any right in the property - Criminal prosecution for the same amounts to abuse of process of law - FIR quashed - Petition allowed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 423, 464, 471, 447, 427, 120B -- Quashing of FIR - Agreement to sell - Not honoured - FIR used only as a mode to execute the agreement in question - On the face of it, FIR does not constitute the offence u/ss 120-B, 418, 420, 423, 464, 471, 447 & 427 IPC - FIR with all consequential..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and proceedings in furtherance thereto for offence u/ss 420, 467, 471, 472/120-B of IPC - FIR filed after 10 years of original agreement signed between parties - Admittedly, complainant himself gave specific reason in FIR that agreement to sell could not be executed because of variation of price in immovable..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Discharge - Financial fraud - Forged documents - One Time Settlement - Accused got Letters of credits (L.Cs) issued by bank in favour of fictitious companies proposed by them and said companies got the same discounted by attaching their bogus bills - It is not a simple..........
