Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 15 -- Offence u/ss 420, 120-B IPC and S.15 of P.C. Act - Quashing of FIR - Allegation that tenders were invited for supply of drawing copies of 80 gsm - However, petitioners supplied copies of 58 gsm without inviting fresh tenders in violation of procedure prescribed under provision of..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of FIR - Compounding of offence - Offence u/ss 498-A, 406, 34 IPC - Matter mutually and amicably settled between parties and complainant is no longer interested in supporting prosecution as chances of success in the matter are now greatly diminished - As matter is..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 353, 186, 294, 323, 506 -- Offence u/ss 353, 186, 294, 323, 506 IPC - Compromise - Quashing of FIR - Public servant when lodges an FIR regarding assault raised upon him while he was performing his official duty, he loses locus standi to enter into compromise with accused - Petition dismissed...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 19, Criminal Procedure Code, 1973, Section 482 -- Disproportionate assets - Sanction for prosecution - Quashing of proceedings - CBI officers had cogent evidences against petitioners - FIR was registered after having a thorough investigation and charge sheet was filed in Court - CBI was not required to seek..........
Indian Penal Code, 1860, Section 379, Criminal Procedure Code, 1973, Section 482 -- Theft - Quashing of FIR - Financier repossessed vehicle as there was default in repayment of loan - No criminal action can be taken against financier - FIR quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Quashing of proceedings - Allegation against relatives of husband - All petitioners except mother-i, law and father-i, law, had no occasion to interact with her, as they are living separately - There is not even a faintest chance of their having participated in alleged domestic violence..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Quashing of summoning order - Prima facie commission of alleged offence disclosed from the statements of witnesses - Reason for delayed recording of statements is also disclosed in the daily diary report - Evaluation of truth or falsity thereof, would be possible only after evidence is recorded - Impugned order..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Sufficient amount in the account maintained by drawer on the date of presentation of cheque - Business terms were admitted between parties - Cheque in question not encased on the ground of stop payment instruction given to concerned bank by drawer - Summoning order was passed on the basis..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of complaint - Complaint filed under the Act of 2005, can be quashed u/s 482 Cr.P.C. if no case is made out...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of complaint - Magistrate while summoning petitioners categorically recorded that there is prima facie material to issue process - Issue whether petitioners were Directors on the relevant date or not is a question of fact - Court at this stage is not inclined to go..........
