Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, Prevention of Damage to Public Property Act, 1984, Section 3(2)(a) -- Quashing of charge - Rash & negligent driving - Mischief - No intention or knowledge is required to attract the offence u/s. 279 IPC - Mischief on the other hand is an offence done by offender either with intention or with..........
Criminal Procedure Code, 1973, Section 154, 482 -- Second FIR - Quashing of proceedings - Registration of second FIR against petitioners after referring to first FIR as mistake of fact, certainly amounts to abuse of process of Court - As there is a Bar under law to register second FIR in respect of same incident basing on the same set of facts - It is a fit case to quash..........
Criminal Procedure Code, 1973, Section 482, 468, , Section 3(k), 17, 18, 33 - - Quashing of complaint - Sample of pesticide - Limitation - Maximum sentence which can be awarded in this complaint is two years - Period of limitation if computed from the date of report of analyst or even from date of registered letter written to the manufacturer the same is far beyond the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Plea of loss of cheque book and that cheque in question is misused by complainant - It is a disputed question of fact which can be decided only after parties lead evidence - Such a question not open for decision in proceedings u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings at initial stage - Proceedings cannot be quashed merely on the basis of filing of an affidavit by defacto complainant that matter has been settled and he does not want to prosecute the accused as his name had been given by mistake...........
Criminal Procedure Code, 1973, Section 482, 320 -- Non compoundable offences - High Court can quash criminal proceedings in exercise of its power u/s 482 Cr.P.C. having regard to the fact that parties have amicably settled their disputes and victim has no objection, even though the offences are non compoundable - Offences which involve moral turpitude, grave offences like..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Quashing of conviction - Appellant convicted and sentenced to 6 months RI u/s.498-A IPC and S.4 of Dowry Prohibition Act - Parties entered into compromise - Held, even though parties have arrived at a compromise, order of conviction cannot be quashed..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Non-compoundable offence - Quashing of proceedings - Permissibility - Held, no, compoundable offences cannot be compounded by Court - While considering request for compounding of offences Court has to strictly follow the mandate of S.320 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Company - Directors - Quashing of complaint - Intimation of notice given by postal department as notice was not claimed - Notice returned with postal endorsement `not claimed' - Averment in complaint that all the applicants are equally responsible for the offence committed by them and they..........
Indian Penal Code, 1860, Section 406, 417, 420, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Complaint that husband has remarried - Complaint not only against husband but also against father-i, law, mother-i, law, unmarried sister-i, law, who are not concerned with the marriage - No material to show that applicants had knowledge of remarriage or..........
