Criminal Procedure Code, 1973, Section 362, Indian Penal Code, 1860, Section 498A, 406 -- Recall of order quashing FIR - Order cannot be recalled as Court becomes functuous officio...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court should not convert itself to trial Court in the proceedings u/s 482 Cr.P.C., when disputed questions of facts are involved in a case as same should be decided by Court after giving due opportunity to both the parties to prove their case...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Quashing of FIR - Offence u/ss 420, 120-B IPC and Ss.13(1)(d), 13(2) of P.C.Act - Complicated questions of fact involved in the case, which are asserted by Investigating agency and denied by accused - It is not expedient in..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24, Land Acquisition Act, 1894, Section 4, 6, 17 -- Acquisition of land - Lapse of acquisition proceedings - Possession already taken by authority and residential colony has been set up - Land value not given to owner - No award either under 1894 Act or under..........
Indian Penal Code, 1860, Section 448 -- Criminal trespass - Quashing of order taking cognizance - Allegation against petitioner of forging lease deeds in relation to property of trust are false in view of final report which is accepted by Trial Court, thus allegation of criminal trespass against petitioner cannot be sustained, as possession of building of trust has been..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Non appearance of husband on the second motion hearing - Husband persuaded wife for quashment of FIR and as a consequence of compromise FIR was quashed - Quashing of FIR by compromise presupposes that husband has consented for dissolution of marriage by mutual consent and therefore, his non appearance at..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 452 -- Quashing of proceedings - Summoning of accused - Offence u/ss 323, 504, 506, 452 IPC - Magistrate while passing summoning order neither made any discussion of facts nor considered as to what overt act allegedly committed by accused - Impugned order of summoning accused..........
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 307, 34 IPC - Compromise - Quashing of FIR - FIR discloses commission of cognizable offence - Case cannot be compromised and quashed, as case is against public policy and administration of criminal justice system - Considering the nature of allegation, it is necessary to..........
Indian Penal Code, 1860, Section 384, Criminal Procedure Code, 1973, Section 482 -- Extortion - Quashing of order taking cognizance - Allegation that petitioners threatened respondent/wife to give an express undertaking to consent for divorce with her husband in divorce petition filed by husband pending in Court - However, there is not even an iota of evidence to show that..........
Indian Penal Code, 1860, Section 409, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused being a director of company allegedly committed forgery, breach of trust and criminal misappropriation of company funds by engaging consultants for creating separate and independent company on website - However, in the absence of any act in..........
