Jammu and Kashmir Public Safety Act, 1978, Section 8 -- Detention order - Quashing of - Detention order not executed in view of evading tactics of petitioner - Detaining authority adhered to norms and procedure applicable - Held, an exceptional case has to be made out for quashing pre-execution detention order - No flaw is noticeable which would persuade Court to treat..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where an FIR is lodged clearly with a view to spite the other party because of a private and personal grudge and to enmesh the other party in long and arduous criminal proceedings, Court may take a view that it amounts to an abuse of the process of law in the facts and circumstances of the case...........
Criminal Procedure Code, 1973, Section 482, 320, , Section 420 - - Cheating - Quashing of proceedings - Accused alleged to have deceitfully collected lakhs of rupees under cover of registered/unregistered deeds - No documents filed to show that parties had either compromised or settled their dispute - Fact of payment of money to complainants by invoking bank guarantee and..........
Criminal Procedure Code, 1973, Section 482, 210 -- Complaint & FIR - Quashing of proceedings - FIR lodged first and then complaint filed before CJM - Complainant failed to fulfill his duty to bring said fact to notice of Court and to pray for reports from police as required u/s 210(1) Cr.P.C. - Held, when a complaint filed before Magistrate and FIR has also been lodged and..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceeding - Prosecutrix is major as per medical opinion - Statement of prosecutrix recorded which categorically stated that she has voluntarily left her parents' and accompanied co-accused and stayed with him at several places for two months - Held, it could not be said to..........
Criminal Procedure Code, 1973, Section 482, 173, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3 - - Quashing of charge-sheet - Accused alleged to be involved in number of anti-social activities - Delay in filing charge-sheet in respect of many FIR's not fatal as no time frame for charge-sheet had been provided - Accused failed to..........
Indian Penal Code, 1860, Section 498A, 494, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Quashing of proceedings - Matter is purely a family dispute between husband and wife - Both husband and wife have reconciled their differences as per statement duly recorded by Magistrate - Held, fit case to quash..........
Punjab Apartment and Property Regulations, 1995, Section 3, 5, 8, 9, 14(2), 15, 18, Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Framing of charges - Quashing of - If nature of accusation of criminal conspiracy, material evidence, legal position and totality of facts and circumstances of the case are put together then conclusion is..........
Indian Penal Code, 1860, Section 323, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 323, 498-A IPC and Ss.3/4 Dowry Prohibition Act - No justification for quashing proceedings against husband - Applicant Nos.2 to 6 are family members of husband and allegation levelled against them are wholly vague and no..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482, 320 -- Parties compromised in an offence u/ss 498-A, 406 IPC - Petition for quashing of proceedings is different than a petition for compounding of non compoundable offence - S.320 Cr.P.C. does not limit or affect the powers of High Court u/s 482 Cr.P.C. - High Court can quash criminal..........
