Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - 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, the court may take a view that it amounts to an abuse of the process of law in the facts and circumstances of the case...........
Indian Penal Code, 1860, Section 420 -- Cheating - Quashing of proceedings - No case of complainant that petitioners tried to deceive him either by making false or misleading representation or by any other action or omission nor he was fraudulently or dishonestly induced to deliver property - Hence, no offence u/s 420 was made out - Proceedings against petitioners quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Two FIR's - Quashing of FIR sought on the ground of manipulation in registering crime - Held, criminal law set in motion cannot be set at naught particularly when both FIRs disclose commission of an offence...........
Criminal Procedure Code, 1973, Section 154 -- Lodging of two FIRs - Quashing of later FIR - First complaint lodged by de facto complainant has been registered as FIR by SHO - Neither copy of FIR registered online nor complaint has been forwarded to jurisdictional Magistrate - It is only the FIR registered manually on the basis of later complaint lodged by complainant has..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Averments made in complaint filed by respondent u/s.138 NI Act are sufficient to come to conclusion that cheque in question was not issued in discharge of any existing debt or liability - In whatever capacity, respondent might be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406 -- Quashing of FIR - If there had been any iota of truth in the allegations of complainant, then the complainant would not have waited for a period of nearly one year and four months prior to launching the prosecution of accused - Prosecution launched with the object of wreaking..........
Indian Penal Code, 1860, Section 341, 323, 504 -- Quashing of proceedings - Delay of 9 days in lodging FIR - Plea of being hospitalized not supported by any material on record - Sharp weapon injury on face alleged but said allegation not supported by medico legal report - No external injury revealed in medical examination - Statement patently concocted and not worthy of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceeding - Assault - Respondent No.2 has stated in most categorical terms that he did not desire to pursue with the case against petitioner further as he was his younger brother and that he had forgiven him for his action - Dispute was of private nature as complainant and accused were brothers - Held,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - At behest of third party - An FIR can not be quashed at the behest of third party or at the instance of a person who is not accused - Court cannot interfere with investigation process at the behest of a person whose name does not figure as accused in FIR - Petition dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings at initial stage - Exercise of power - Held, where criminal proceeding is sought to be quashed at initial stages, essential question to be looked into is whether uncontroverted allegations made prima facie establish an offence - If there is any special features present in a particular case, that..........
