Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 34 - - Quashing of FIR - Allegations in FIR are not only from specific about torture and demands for dowry but also to offer an explanation for statement made earlier by complainant before SDM and the affidavit before ADJ - Investigations are still in progress and a charge sheet is yet..........
Indian Penal Code, 1860, Section 420, 468, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint proceedings - Complainant purchased a tractor manufactured by appellants - Dealer falsely represented tractor to be 40 HP whereas it was 33 HP capacity - Complaint against both dealer and manufacturer - No allegation against manufacturers - No specific role..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Exercise of inherent powers - Even if uncontroverted allegations in charge-sheet and statements of witnesses recorded by police during course of investigation and documents relied on by prosecution do not make out a prima facie case which appears to be sufficient to establish offences alleged..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceeding - Quashing of - Pendency of civil/revenue proceeding - Effect of - I.O. has submitted the charge-sheet after collecting cogent evidence which disclose commission of offence - Held, there is no illegality in submission of the charge-sheet and taking cognizance against applicants - Allegations are constituting..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claimed by wife and son - Petitioner, herein, denied that he is the father of Respondent No.2 - Son born during subsistence of marriage - Even from the scientific test conducted, petitioner was held to be biological father - Petition for quashing of proceedings dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Husband convicted and sentenced u/s 498-A IPC - Joint petition filed by husband and wife for quashing and setting aside the judgment of conviction and order of sentence on the ground that they are peacefully living as husband and wife - Husband had been in jail for five months - Keeping in..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 154, 482 -- Complaint u/s 3 SCST Act - Caste of accused - Not a requirement to mention the same in complaint - In case caste of accused is not mentioned in the FIR, the same is not a ground for either not registering the offence or for quashing such..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR's - Allegations in FIR's under challenge highly absurd and inherently improbable - FIR's levelled maliciously as a counter blast to the original FIR lodged against informant and respondent No.2 as all the FIR lodgers were accused in the said FIR lodged - Continuance of such proceedings, especially when the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Fax (claimed to be the notice) has not been sent to accused company - Said notice does not say that petitioners must make payment of dishonoured cheque within a period of 15 days of receipt of said fax - It also does not say that in..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceeding - Court not to look to any document relied by accused in support of his defence...........
