Indian Penal Code, 1860, Section 420, 467, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petitioners-accused had intention to cheat & misappropriate amount of complainant from very beginning - They have received huge amount of Rs.81,63,000/- in lieu of earnest money but did not execute sale deed of entire land in order to cheat and misappropriate..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Exercise of inherent powers - Held, High Court should not ordinarily embark upon an inquiry whether evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained, are functions of trial Judge to do so - High Court must be careful to see that its..........
Criminal Procedure Code, 1973, Section 197, 482 -- Quashing of FIR - FIR was lodged on 26.09.1991 in connection with incident alleged to have taken place in 1988 - After lodging of FIR more than 22 years have lapsed - It is not in dispute that petitioner at relevant time was a public servant - Prima facie, act complained of is an act committed by petitioner in discharge of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 324, 325, 447, 148, 149, 307 -- Quashing of FIR and order taking cognizance - (i) Series of litigation does not ipso facto make the FIR lodged with certain ulterior motive; (ii) Once there is formation of an unlawful assembly, once there is an assault, once there are injuries sustained,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 419, 468 -- Quashing of proceeding - Misappropriation of money - Petitioner No.1 defrauded by petitioner No.2 to an amount of Rs.52,550.92 - Petitioner No.2 realized his mistake and refunded misappropriated amount only after filing of FIR - Held, had petitioner No.2 realized his mistake and..........
Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Father-i, law alleged to have defamed complainant/damad by writing letter and showing contents of same to near relatives - Father-i, law has made reference to differences and disputes that took place between complainant and his wife - Father-i, law has..........
Indian Penal Code, 1860, Section 447, 188, Criminal Procedure Code, 1973, Section 482 -- Criminal trespass - FIR - Quashing of - Neither complainant nor his vendor was in exclusive possession of disputed land - Rather petitioner No.1, who is father and father-i, law of remaining petitioners, is also co-sharer in joint possession of disputed land - Held, petitioners cannot..........
Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Compromise - Where offender and victim have settled their dispute, High Court in exercise of its inherent power u/s 482 Cr.P.C is competent to quash criminal proceedings even relating to no, compoundable offences though such a power need to be invoked sparingly and not when offences are heinous,..........
Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Compromise - Inherent power u/s 482 Cr.P.C. to quash criminal proceedings on the basis of compromise entered into between parties can be invoked even after accused was found guilty and convicted by trial Court though matter is sub-judice before Appellate Court...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 380 -- Quashing of proceedings - Theft in dwelling house - Parties have resolved their difference amicably outside Court during pendency of proceeding - Held, proceedings liable to be quashed to prevent abuse of process of law...........
