Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of proceedings - Petitioner an advocate by profession, representing case of husband in a case of divorce - Petitioner living separately from family members of husband and not directly related to them..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 498-A IPC and u/ss 3 & 4 of Dowry prohibition Act - Compromise - Parties entered into compromise and settled their disputes amicably through process of mediation which is not challenged - For bringing peace..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint u/s 138 of the Act - Quashing of complaint and summoning order - Where Director of company is arraigned as accused, then, Magistrate shall before taking cognizance in complaint against Director has to satisfy himself not only about existence of prima facie case but..........
Electricity Act, 2003, Section 135 -- Theft of electricity - Limitation - Punishment provided exceeds one year but not exceeds three years - Period of limitation is three years - Complaint is not barred by limitation as same is filed within three years from the date of quashing of earlier proceedings with liberty to file a fresh complaint - Court rightly concluded that..........
Criminal Procedure Code, 1973, Section 482 - - Quashing of complaint/FIR - At the stage of quashing of complaint/FIR, Court is not to embark upon an enquiry as to probability, reliability or genuineness of allegations made therein...........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order granting bail - While considering the prayer for quashment of order granting bail, the principles governing consideration of a prayer for cancellation of bail u/s 439(2) Cr.P.C. have to be borne in mind...........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order granting bail - Sought on the ground that accused threatened certain persons with dire consequences and they made complaints to I.O. - No material produced before Court to substantiate this fact - Nothing in report of I.O. that accused will tamper with evidence or would flee from justice or will..........
Civil and criminal proceedings -- Serious allegations made against accused - Just because allegations involve the factum of recovery of money it cannot be concluded that complaint is purely civil in nature when other serious allegations prima facie attract the penal provisions - Order quashing criminal proceedings set aside...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - At this stage, High Court cannot analyse and meticulously consider the evidence and anticipate whetter it will end up in conviction or acquittal - This is not the stage to decide whether there is any truth in the allegations made but to form an opinion whether on the basis of allegations a..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Quashing of complaint despite basic averment as to in charge and responsible for conduct of business of company - Held, High Court may in a given case on an overall reading of complaint and having come across some unimpeachable evidence or glaring circumstances come to a..........
