Indian Penal Code, 1860, Section 500 -- Defamation - Quashing of summoning order - Whether the statement made by accused on the basis of news items telecast/published in electronic print media amounts to defamatory statement or not - It is a question of fact and has to be examined, considered and answered only after regular trial proceedings - Initiation of proceedings..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court committed erred in law in treating writ petition which was filed for quashing of FIR as Public Interest Litigation and had become infructuous and issued sweeping directions, without there being sufficient data and material before it to pass directions - Impugned order of High Court set aside...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Quashing of acquisition proceedings at the instance of one or two landowners - Does not have the effect of nullifying the entire acquisition - Moreover, in the absence of a specific prayer having been made with regard to quashing of proceedings, neither High Court nor Supreme Court can quashed the entire..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20 -- Wife driven out of matrimonial home about fifteen years before filing of petition under the Act - Domestic relationship between parties clearly established on record - Held, High Court erred in law in quashing the proceedings - Impugned order quashing proceedings set aside...........
Indian Penal Code, 1860, Section 366, 368, 377, 342, 511, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Unnatural offence - Quashing of proceedings - An affidavit of victim's mother or victim denying the alleged offence does not make out a case for quashing FIR as it only proves that accused meddles with witnesses and he is in a position to influence the..........
Indian Penal Code, 1860, Section 366, 368, Criminal Procedure Code, 1973, Section 482 -- Kidnapping from lawful guardianship - Quashing of proceedings - Accused running a hostel for poor students - Allegation against accused that he induced and lured victim's mother by giving assurance in such a way to send victim along with him - Ingredients of kidnapping from lawful..........
Indian Penal Code, 1860, Section 342, Criminal Procedure Code, 1973, Section 482 -- Wrongful restraint - Quashing of proceedings - Accused took the victim along with him and is in the custody of accused - Victim unable go anywhere and even during night accused stated to have made the victim to stay in same room in the same cot - By giving new place and circumstances,..........
Indian Penal Code, 1860, Section 377, 511, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Unnatural offence - Child abuse - Quashing of proceedings - Act of accused making the victim to stay in same room in same cot, hugging him, touching the private part of victim and committing unnatural intercourse with victim, who was a minor against his..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 504, 506 -- Cheating - Quashing of criminal proceedings - Accused/petitioner dishonestly retained consideration amount paid by complainant for execution of sale deed - Accused returned partial payment that too after filing of charge sheet - Therefore, criminal proceedings cannot be quashed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 504, 506, Criminal Procedure Code, 1973, Section 482, 154 -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 120-B, 504, 506 IPC - Allegations that accused persons sold properties through disputed sale deeds fraudulently - FIR lodged after 19 years of commission of offence - No specific role assigned to..........
