Indian Penal Code, 1860, Section 307 -- Offence u/s 307 IPC - Quashing of complaint - Compliant filed after delay of 16 years - Though complainant stood convicted in cross case but he did not even bother to seek simultaneous trial of cross case - Having regard to nature of allegations and entirety of circumstances, it would be unfair and unjust to permit complainant to..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Quashing of sanction - Charge-sheet filed without order of prosecution sanction - However, subsequently sanction was granted and the same was produced before Court - Thereafter, not only cognizance has been taken but charges are also ordered to be framed - No infirmity in the order of sanction, as..........
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...........
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..........
Indian Penal Code, 1860, Section 420, 468, 447, 474, 466, 166, 120B, 34 -- Private complaint - Offences u/ss 420, 468, 447, 474, 466, 166, 120-B, 24 IPC - Quashing of proceedings - Nature of dispute being of civil nature by itself is no ground to quash the proceedings - It is only after collection of evidence, real nature of dispute can be found - Proceedings cannot be..........
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Criminal Procedure Code, 1973, Section 482 -- Quashing FIR - Earlier application for quashing was withdrawn - Subsequent application for quashing after changed circumstances, as a settlement arrived at between parties, held, maintainable...........
Indian Penal Code, 1860, Section 394, 324, 114, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 394, 324, 114 IPC - Quashing of FIR - - Incident occurred in the heat of moment of altercation between parties - Dispute is personal in nature - Settlement arrived at between parties - There is no legal bar to exercise power u/s 482 Cr.P.C. in respect of offence u/s..........
Indian Penal Code, 1860, Section 176, 177, 201, 202 -- Offence u/ss 176, 177, 201, 202 IPC - Quashing of charge-sheet - Petitioner furnished information to police which was within his knowledge - No evidence on record that petitioner intentionally omitted to inform the police or gave any false information in order to cause any evidence to disappear with the intention of..........
Indian Penal Code, 1860, Section 417, 420, 467, 471, 506(i), 34 -- Cheating - Fabrication of Will - Quashing of proceedings - Allegation that accused fabricated Will in question after death of his father - There is sufficient material on record to show that Will was prepared by accused along with other accused - Argument that genuineness of Will should be tested in probate..........
