Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust by public servant - Quashing of Charge sheet - Only charge against accused is that fund which was misappropriated by co-accused was deposited in his account - Accused failed to explain as to how and under what circumstances huge amount was deposited in his account -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Charge sheet discloses commission of an offence as accused forcefully demolished the wall and taken possession without recourse to process of law - No case made out for quashing FIR...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506B, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Cruelty - Dowry demand - Allegation against brother and sister of husband - General allegation made against applicant Nos.3 & 4 - Applicants implicated merely because they are brother and sister of husband - FIR qua..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506B, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Cruelty - Dowry demand - Allegation against husband and mother-in-law - Specific allegations of harassment and treating wife with cruelty with regard to dowry demand against applicants are on record - Filing of FIR by wife..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 307, 336, 34 -- Quashing of FIR - Compromise - Offence u/ss 307, 336, 34 IPC - Occurrence took place over a petty issue and parties are residents of same village - Though complainant suffered a grievous injury on his head on account of gandasi blow, yet settlement arrived at during the course..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 471 -- Quashing of FIR - Compounding of offence - Offence u/ss 420, 471 IPC - Even though offence in question is no, compoundable, but High Court in exercise of its jurisdiction u/s 482 Cr.P.C. can quash such offence on the basis of settlement arrived at between parties - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of FIR - Cheating - Wrong facts mentioned in nomination paper for election does not constitute offence of cheating - Remedy available to complainant is to challenge the election at appropriate forum rather than filing of FIR - Allegation made in FIR does not..........
Criminal Procedure Code, 1973, Section 482, 468(b) -- Order taking cognizance - Quashing of order - Offence in question is punishable with one year imprisonment - Cognizance of offence taken after a period of more than three years - Order taking cognizance as well as entire proceedings qua petitioner quashed...........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 379, 411 -- Two FIRs - Same offence - Quashing of second FIR - Theft - Accused facing criminal proceedings with regard to theft of vehicle u/s 379 IPC - He cannot be tried in second FIR u/s 411 IPC with regard to same vehicle as it amounts to double jeopardy - Second FIR quashed...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 452, 326, 323, 354, 356, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 452, 326, 323, 354, 356, 148, 149 - In the instant case, investigating agency, after investigation filed cancellation report seeking cancellation of proceedings - Even, matter is compromised between parties and..........
