Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Applicant/vendor and respondent No.2 entered into an agreement to sell certain properties - Undertaking given by counsel for applicant before High Court that applicant shall repay whole earnest money to respondent No.2 - Non-compliance of said undertaking - Held, prima facie dispute between parties was..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Held, Act is penal in nature - Penal enactment will not operate retrospectively - Act committed by applicant on 01.07.2005 cannot be brought into ambit of the Act which came into force on 26.10.2006 - Proceedings u/ss 18, 19, 20..........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust and demand of dowry - Quashing of charge-sheet - Applicant and his family members alleged to have demanded dowry after engagement - Applicant refused to solemnize marriage as their demand of dowry could not be met - Golden..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504, 506 -- Quashing of summoning order - Petitioner/accused alleged to have committed offences u/ss 504, 506 IPC - Panchayat tried to settle dispute between petitioner and his wife - Failure of petitioner to put his signatures on settlement deed - He got infuriated and started using abusive..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - Validity - Case raises large number of disputed questions of fact - Held, there was no occasion for High Court to allow petition u/s.482 Cr.P.C. and quash criminal proceedings - Impugned judgment and order set aside - Appeal allowed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegations against appellants that they committed offences u/ss 418, 504 & 120-B IPC - Company in which applicants were working willing to settle their claims by giving a sum of Rs.one lac to each of them - Company directed to pay specified amount to each of them - Order taking cognizance of offence..........
Prevention of Money Laundering Act, 2003, Section 3, 24, Criminal Procedure Code, 1973, Section 482 -- Proceedings u/s.3 of the Act - Quashing of - Large scale smuggling of iron ores - Accumulation of huge properties through illegal means and extortion - Quashing sought on ground of acquittal under IPC - Held, even if accused has been acquitted of charges framed against..........
Indian Penal Code, 1860, Section 120B, 384, 406, 418, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - FIR lodged after delay of about two years and that too, after losing battle in civil cases - Nothing stated in complaint or in statement as regards allegations which constitute ingredients of offences - There is nothing to show that..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Dispute arising out of commercial transaction - Offence is more in the nature of personal wrong, rather than a threat to society - Matter has been compromised between the parties - Held, offence deserves to be compounded - FIR quashed - Petition allowed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - It is only where there is absence of even a prima facie case that Judge would be justified in cancelling FIR, or quashing Charge sheet or declining the summoning of a third person u/s 319 Cr.P.C...........
