Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 506 -- Summoning order - Quashing of - Dispute between husband and wife because of which proceeding u/s 498-A IPC and 125 CrPC was initiated by wife against her husband and entire family - Wife has not deposed against two applicants i.e. "Jeth" and "Devar" at any earlier point of time -..........
Criminal Procedure Code, 1973, Section 482, 156(3), Indian Penal Code, 1860, Section 209, 420, 467, 468, 471, 120B, 506 -- Quashing of criminal proceeding - Dispute between parties is purely and predominantly of a civil nature - Will has been posthumously registered - Whether the Will is forged or genuine has to be decided by Revenue Court and also by Civil Court - Held,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468 -- Quashing of criminal proceeding - Only question in to be decided in the matter is that whether in two sale deeds executed in favour of informant, the property is situated in plot No.64/4 or in plot No.66/1/2 - Held, this may be decided only by civil Court regarding which a..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheques - Cheating & criminal conspiracy - FIR - Quashing of - No allegation in FIR that on date of transaction there was fraudulent intention on part of petitioners - No allegation that when cheques were issued, there was..........
Criminal Procedure Code, 1973, Section 97, 482, Indian Penal Code, 1860, Section 342, 44 -- Wrongful confinement - Proceedings u/s 97 CrPC - Quashing - As per petition/complaint, daughter of opposite party No.2 had been snatched away by husband and others from her custody - Held, so long, the issue is not resolved by a Civil Court, wife is competent to take recourse to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Objection of petitioner that cheques were given for security of debt - Prima facie cheques were not given for security purpose but were given for payment of money lent to petitioner - Petitioner could not establish any of the ground..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Cheating - Conspiracy - Quashing of proceedings - FIR does not constitute offence of cheating - At the same time, in absence of any dishonest intention, the case of criminal breach of trust is also not made out - Rather the case appears to be a mere..........
Indian Penal Code, 1860, Section 448, 323, 354, 34, 147, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of woman and causing hurt - Complaint case - Quashing of - No reasonable explanation as to why complaint was instituted after six days from the date of occurrence - Though a vague averment is made that the matter was reported to police but no FIR was..........
Indian Penal Code, 1860, Section 419, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating and forgery - Quashing of criminal proceedings - Application u/s 156(3) - Registration of case - Case is at the stage of investigation and charge-sheet has not yet been filed - Criminal case and a civil suit have arisen out of the same fact over same property - Held,..........
Indian Penal Code, 1860, Section 498A, 323, 379, 34, 504, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of order taking cognizance - Charge-sheet filed pertaining to offence u/s.498A IPC - Another FIR by complainant u/s. 498A, 323/34, 379/34 and 504IPC and S.4 of DP Act - Police after investigation found allegations false..........
