Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Quashing of proceedings - Settlement arrived at between parties - Marriage dissolved by mutual consent - Permanent alimony paid - Wife has no further claims against husband - Settlement deed executed with free will and volition - Continuation of criminal proceedings would tantamount to abuse of process of law..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Compromise - Quashing of FIR - Non-compoundable offences are basically an obstruction in entering into compromise - However, notwithstanding the fact that offence u/s 498-A IPC is a no, compoundable offence, there should be no impediment in quashing FIR u/s 498-A..........
Indian Penal Code, 1860, Section 498A, 406, 34 -- Offence u/ss 498-A, 406, 34 IPC - Compromise - Quashing of FIR - Matrimonial dispute mutually and amicably settled between parties - Continuation of proceedings arising out of FIR in question would be an exercise in futility - It is a fit case for Court to exercise its inherent jurisdiction - FIR quashed - Petition allowed...........
Service -- Misconduct - Illegal transport of wood in Railway wagons without payment of freight - Reduction in same grade by two stages for 3 months - Nothing to show that any ill-will or deliberate words were introduced to falsely implicate respondent - Even, Vigilance Officer supported departments case - Moreover, reason for delay in conducting of inquiry proceedings set..........
Royalty -- Levy of - Minor minerals removed from quarries are the property of Government and same cannot be removed and used without payment of royalty - It is therefore, duty of Government to ensure that only royalty paid minerals are used in work and purpose of issuing such circular was to avoid pilferage/leakage of revenue because royalty can be very conveniently..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Exoneration in adjudication proceedings - Not on merits or that accused was completely innocent - Order of quashing proceedings by High Court, set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheques issued towards repayment of loan amount - However, cheques were drawn on account maintained by accused No.3, a proprietorship concern/Hospital - Prima facie material on record shows that applicant and co-accused had applied and..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 354B, 323, 436, 34 -- Compromise - Quashing of FIR - Offence u/ss 354-B, 323, 436, 34 IPC - Compromise arrived at between parties at the instance of respectables of village as both the parties are residents of same village - Complainant has no objection in quashing of FIR and other..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise in non compoundable offence - High Court has inherent powers u/s 482 Cr.P.C. to quash criminal proceedings even in no, compoundable offence on the basis of compromise...........
Indian Penal Code, 1860, Section 363, 366A, Criminal Procedure Code, 1973, Section 482 -- Run way marriage - Quashing of FIR - Petitioner and respondent married together as per their own free will and now they are residing together as husband and wife - Respondent is major, therefore, no offence is made out against petitioner u/ss 363, 366-A IPC - There is no justification..........
