Indian Penal Code, 1860, Section 362, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Prosecutrix prima facie minor at the time of incident - Consent of prosecutrix therefore, immaterial - Prosecutrix herself stated in her statement that she gave birth to a child from accused - No ground made for quashing FIR - Petition for quashing..........
Representation of the Peoples Act, 1951, Section 125A, Indian Penal Code, 1860, Section 181, 193, 199, 200, 417, 468, Criminal Procedure Code, 1973, Section 468, 469, 482 -- Quashing of complaint - Election petition - Limitation - Accused allegedly furnishing false education qualification information before Returning officer by submitting false affidavit - Affidavit of..........
Criminal Procedure Code, 1973, Section 156(3), 482, Constitution of India, 1950, Article 227 -- Application u/s 156(3) Cr.P.C. - Direction for registration of FIR and investigation by police - Quashing - Filing of petition u/s Art.227 of the Constitution of India or u/s 482 Cr.P.C. at this stage is nothing but premature, hence not maintainable...........
Criminal Procedure Code, 1973, Section 127, 482 -- Maintenance - Order enhancing maintenance to wife - Quashing of order - Husband admitted his monthly income to the tune of Rs.10,707 - Wife who is living separately along with her daughter held, entitled to 1/3rd income of husband as maintenance - Maintenance allowance of Rs.2,000 rightly granted by Court below and is not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Limitation - Complaint u/s 138 of the Act filed by power of attorney holder - Issue relating to date of receipt of notice is question of fact, which cannot be adjudicated in quashing petition - Plea of quashing complaint on ground of limitation is rejected...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, Passport Act, 1967, Section 12 -- Quashing of FIR - Offence u/ss 420, 467, 468, 471 IPC and S.12 of Passport Act - If the allegations made in FIR and evidence collected in support of same taken at face value, do not disclose commission of any offence, FIR can be quashed - FIR..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471 -- Offence u/ss 420, 419, 467, 468, 471 IPC - Quashing of FIR - Civil dispute - Entire dispute between parties is with regard to their respective shares in the property in question and genuineness of disputed document - Dispute if any is thus purely of civil nature - No offence u/ss 420, 419, 467, 468, 471 is made..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Quashing of complaint - Complaint cannot be filed in continuation of earlier complaint as contended by applicants - Relationship of parties is not disputed - Aggrieved party is living separately for the reasons mentioned in the application - All essential ingredients to..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Charge of obtaining land by public servant - No material document produced to demonstrate ownership and title of complainant to land in question - Even, complainant did not choose to establish her title to land in appropriate proceedings -..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Quashing of FIR - Complainant herself admitted that FIR was lodged by her under some confusion and being misguided by certain relatives inimical to accused and also alleged that victim has retuned back along with relative in whose house she took the shelter of her own - Prima facie it stands established that offence..........
