Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Indian Penal Code, 1860, Section 498A -- Quashing of proceedings - Offence u/s 498A IPC - Compromise between parties - Parties resolved to withdraw all civil and criminal cases of any nature against each other - Continuation of proceedings against husband in such case would be sheer abuse of process of law -..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 136 -- Quashing of order taking cognizance - Appeal before Supreme Court - Appeal by private parties - Maintainability - Locus standi - Appellants have precise connection with the matter at hand and thus have locus to maintain this appeal - Moreover, it may not be possible to strictly..........
Indian Penal Code, 1860, Section 302, 120B, 34 -- Offence u/ss 302, 120-B, 34 IPC - Order taking cognizance - Quashing of order - High Court committed error by quashing the order without appreciating the material placed before it in correct perspective - High Court ignored certain important facts while quashing the order taking cognizance - More so, High Court failed to..........
Indian Penal Code, 1860, Section 143, 147, 149, 238, 294(a) -- Offence u/ss 143, 147, 149, 238 IPC - Quashing of proceedings - Accused as women activists protesting and demonstrating against the commission of heinous crimes against women and teenaged girls - No allegation that accused have used any criminal force or violence - Nor they caused any obstruction to any person..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Accused Nos.2 & 3 are whole-time Director and Executive Director of company and they were in charge of day to day affairs of Company - There are specific averments in the complaint for issuance of summons against said accused persons - Complaint makes out a case against accused..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Vicarious liability - It is evident from record that present petitioner is director and share-holder of company and company runs business of giving software solutions to its customers - Apart from this, company..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Quashing of proceedings - Deceased died after giving birth to a male child under normal delivery - Condition of deceased deteriorate after delivery and she was referred to Government hospital for further management - Medical evidence on record shows that cervico vaginal injuries and hemorrhagic shock as..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 320, 482 -- Offence u/ss 498-A, 34 IPC and Ss.3, 4 of Dowry Prohibition Act - Non-compoundable offences - Compromise - Quashing of charges - Parties entered into compromise and settled their disputes - Complainant is living peacefully with..........
Indian Penal Code, 1860, Section 307, 382, 498 -- Attempt to murder - Quashing of FIR - In the interest of justice, even non compoundable cases which are settled between the parties can be decided in terms of settlement between parties...........
Indian Penal Code, 1860, Section 195A, 506 -- Offence u/ss 195-A, 506 IPC - Quashing of FIR - FIR lodged by reader of Court at the direction of Judge, as accused threatened the witness and hurled filthy abuses - FIR cannot be quashed on the ground that reader of Judge was not competent to lodge FIR as reader acted on basis of direction given by Addl. Chief Judicial..........
