Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Challenge to order taking cognizance and quashing of complaint - Factual matrix of case - Can be decided by trial Court and not by way of criminal misc. petition - Petition disposed off with direction to petitioner to take these objections before trial Court...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Quashing of FIR - No role attributed to petitioner No.2 by deceased in his suicide note - Statements made by persons supporting story of complainant, including her daughter do not reveal commission of offence u/s 306 IPC by petitioner No.2 - Thus, FIR is quashed qua petitioner No.2...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of complaint and summoning order - Complaint by muslim wife against husband - In the instant case, husband gave talaq to his wife by uttering words talaq, talaq, talaq and thereafter wife filed complaint against husband on..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Powers u/s 482 Cr.P.C. are wide and can be exercised to quash complaint/FIR/charge-sheet or proceedings on merits despite rejection of prayer of quashing on ground of settlement or compromise...........
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 482 -- Rash and negligent driving - Death of pedestrian - Quashing of FIR - Deceased aged 70 years while crossing road lost his balance and dashed against motorcycle of petitioner and died - No evidence on record that petitioner was driving vehicle at high speed or recklessly or negligently,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of summoning order - Accused assaulted complainant with legs and shoes and threatened him that if he makes any complaint to police he will be killed - Magistrate after recording evidence of complainant and witnesses and after hearing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 468, 409, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2) -- Quashing of proceedings - Offence u/ss 468, 409, 471, 120-B IPC and Ss.13(1)(c)(d), 13(2) of P.C Act - Prima facie material available on record shows culpability of accused and many others in illegal appointment..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(d), 323, 452 -- Quashing of order - Order summoning accused - Gang Rape - No material on record that accused committed rape upon prosecutrix - Except from bald assertions of prosecutrix that all accused raped her, there was nothing which could led the Courts to form a opinion that it is a fit..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 420 IPC - Dispute relating to receipt of cheque - Said dispute is of civil nature as necessary ingredients of S.415 IPC are not made out and no false representation was made - Proceedings quashed...........
