Criminal Procedure Code, 1973, Section 482, 173(5) -- Quashing of proceedings - Police report - Documents do not form part of police report cannot be looked into by High Court in exercise of inherent jurisdiction to quash criminal proceeding - However, in rare cases, High Court in the interest of justice may look into unimpeachable documents of sterling quality which may..........
Indian Penal Code, 1860, Section 420, 408, 468, 471, 477A, 120B -- Cheating - Misappropriation of company funds - Claiming parity with co-accused against whom proceedings were quashed - Complicity of accused in the crime is substantially graver than that of his sister/co-accused - Accused was a senior officer of complainant company and was entrusted with duty of dealing on..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 30 -- Quashing of FIR - Arms licence cancelled due to non renewal - Delay in deposit of gun - Renewal of licence later on - It does not wash away the offence - However, FIR quashed as at this distance of time allowing prosecution to continue will only cause undue harassment to accused, particularly..........
Criminal Procedure Code, 1973, Section 482, Companies Act, 1956, Section 210(1) -- Failure to lay balance sheet and profit and loss account in Annual General Meeting which was held in 2005 - Accused/Director of company resigned in 1997 since then he was not acting as Director of company - Other five similar complaints against accused with respect to meetings held on dates..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 409, 419, 420, 506 -- Quashing of complaint - Offence u/ss 406, 409, 419, 420, 506 IPC - Compromise arrived between parties and both parties agreed to part away each other - No date fixed for filing divorce petition in compromise - Time taken by Court while recording evidence and deciding..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 506, 509, 354B -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 506, 509, 354-B IPC - Parties settled their dispute amicably - Accused tendered his unconditional apology in writing to complainant, which has been accepted by her - Complainant does not want to continue with..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 467, 468 -- Compromise - Offence u/ss 420, 467, 468 IPC - Offences are no, compoundable in nature - Serious allegation of impersonation and fake appointment order were mentioned in FIR - It was such a case which cannot be quashed by High Court - Impugned order of High Court quashing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 436, 34 -- Quashing of FIR - Offence u/ss 436, 34 IPC - Compromise arrived inter se parties - Court while exercising power vested in it u/s 482 Cr.P.C., deems, it fit to accept prayer made by counsel representing the accused - Offence compounded - Conviction and sentence set aside - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Quashing of summoning order - Illegal gratification - Investigating agency found no evidence against petitioners and charge sheet/closure report was filed - Court without ordering further investigation cannot take cognizance against petitioners by appreciating..........
Indian Penal Code, 1860, Section 406, 506, Criminal Procedure Code, 1973, Section 482 -- Misappropriation of stridhan - Quashing of summoning order - Applicants are parents-i, law of complainant - Complainant in her statement made different allegation than allegations made in complaint - There is no allegation against mother-i, law of complainant - Even complainant has not..........
