Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of proceedings - Relatives of husband - When only a casual reference is made to the relatives of husband and there is absence of specific allegations of active involvement in the matter and when allegations made are omnibus and vague..........
Indian Penal Code, 1860, Section 307, 324, 326, 382, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 307, 324, 326, 382, 147, 148, 149 IPC - Quashing of proceedings - Compromise arrived at between parties - Dispute amicably settled - Majority of eye witnesses turned hostile - There is very little possibility of petitioners being convicted for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251 -- Dishonour of cheque - Quashing of proceedings - Accused having alternate and efficacious remedy to urge the pleas before trial Court at the time of framing notice u/s 251 Cr.P.C., - Inherent powers of Court not required to be invoked to quash proceedings arising out of..........
Constitution of India, 1950, Article 226, 227 -- Writ - Certiorari - Quashing of order - Allegations against petitioner that being a Sarpanch, he wrongly transferred an amount in account of persons under MGNREGA Scheme - Except CD no evidence has been brought on record - No documents place to show Sarpanch has deposited the amount in accounts of persons who had not worked..........
Punjab Police Rules, 1934, Rule 9.18 -- Compulsory retirement - Approval of State Government - Requirement - Order of compulsorily retirement can only be passed with previous approval of State Government in accordance with instruction issued by State Government on subject from time to time - Before retiring respondent, neither any approval nor any instruction made by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 120B -- Quashing of FIR - Cruelty and criminal Conspiracy - Investigation was carried out and two of the petitioner were found innocent - Police collected the evidence and filed the chargesheet - Held, When police has presented Challan U/s 173 Cr.P.C and trial court has also framed..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 329, 420, 120B, 34 -- Quashing of FIR - Petitioner is being proceeded against for offence of forging and fabricating an injury on person of complainant in order to initiate a case under S.307 against other party - Prosecution relied on medico legal report of hospital which only indicates two..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and Criminal Proceedings - Mother of children/Petitioner is charged with kidnapping of own children - Children had gone with petitioner of their own free will, is evident from fact that during investigation of case, children made statements before police that they had accompanied their mother of their own free..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner without verifying the facts of application, had proceeded to change Girdawaris of land belonging to Gram Panchayat - Challan has already been prepared, which is likely to be presented - FIR cannot be quash...........
Civil Procedure Code, 1908, Section 151 -- Quashing of order - Executing Court is only to take decree to its logical end and has no jurisdiction to go into judgment and reasoning - Held, Where issues have been framed and court declined interest, Executing court was precluded from making such i, depth scrutiny regarding the entitlement of plaintiff - Executing court had to..........
