Criminal Procedure Code, 1973, Section 482, 468 -- Quashing of proceeding - Bar by limitation - Mere delay in completion of proceedings may not be by itself a ground to quash proceedings where offences are serious, but Court having regard to conduct of parties, nature of offence and extent of delay in facts and circumstances of a given case, quash the proceedings in..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 307, 294, 34, Arms Act, 1959, Section 25, 27 -- Compounding of offence - Offence u/ss 307, 294, 34 IPC and Ss.25 & 27 Arms Act - Not an offence between private parties simpliciter - Such offences have a serious impact on the society at large - Offences are definitely against the society -..........
Criminal Procedure Code, 1973, Section 482 -- Non compoundable offence - High Court has power to quash proceedings when parties compromise in a non compoundable offence, when in opinion of Court continuation of criminal proceedings will be an exercise in futility and justice demands that dispute between parties is put to an end and peace is restored...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Compromise - Quashing of FIR - Dispute between parties amicably settled - Complainant does not want to pursue the case against petitioner - Offence u/s 420 IPC along with proceedings emanating thereto, quashed - Petition allowed...........
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 320, 482 -- Attempt to murder - Compromise - Though the offence u/s 307 IPC is a serious offence and no, compoundable but High Court has power to accept the compromise - Instantly, investigation is at initial stage - No injury is caused to victim - Weapon of offence not recovered by police -..........
Criminal Procedure Code, 1973, Section 482, 397, Arms Act, 1959, Section 25(1B)(a), (f) -- Inherent jurisdiction of High Court - High Court quashing charge sheet u/s.482 Cr.P.C. - Legality - Accused persons/crew members allegedly possessing unlicensed and unauthorized arms/ammunition on vessel - Material questions involved in instant case could be answered only with aid of..........
Criminal Procedure Code, 1973, Section 482, 397, Arms Act, 1959, Section 45(a), 25(1B)(a), (f) -- Inherent jurisdiction of High Court - Order of High Court u/s.482 Cr.P.C. that Arms Act not applicable in present case as per S.45(a) of Arms Act - Legality - Accused persons/crew members possessing unlicensed and unauthorized arms/ammunition on vessel - High Court arriving at..........
Indian Penal Code, 1860, Section 109, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- One accused cannot be charged for the offences u/ss u/ss 109, 147, 148, 149 IPC - Offence of abetment, rioting, unlawful assembly cannot be committed singly - Charges quashed...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment to commit suicide - Aged lonely woman humiliated and publicly dragged and beaten - These facts constitute sufficient instigation i.e. abetment to commit suicide - Offence is made out from the allegations made in the FIR and petition for quashing of FIR deserved dismissal - Petition..........
Criminal Procedure Code, 1973, Section 482 -- Quashing FIR - Earlier application for quashing was withdrawn - Subsequent application for quashing after changed circumstances, as a settlement arrived at between parties, held, maintainable...........
