Indian Penal Code, 1860, Section 498A, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Quashing of FIR - Merely because FIR has been lodged after filing of divorce petition, same cannot be quashed on the ground that it is by way of counter blast...........
Indian Penal Code, 1860, Section 498A, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of FIR - Allegations made in FIR are specific against each and every accused and by no stretch of imagination it can be termed as a vague, omnibus or general in nature - Merely because FIR has been lodged after filing of divorce petition, same..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Complainant an injured victim who was not a party to settlement agreement and nor was agreeable to such course of action - Order of quashing FIR set aside...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 377 -- Quashing of proceedings - Offence u/s 377 IPC - Magistrate after hearing prosecution arrived at the conclusion that on the basis of evidence collected by I.O, prima facie case u/s 377 IPC was made out against accused - Therefore, he took cognizance u/s 377 IPC in addition to other..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Plea that cheque was issued during course of business and not for discharge, in whole or in part, of any debt or liability - In view of presumption u/s 139 of the Act, it will be presumed that said cheque was issued in discharge..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 467, 468, 472, 120B, Essential Commodities Act, 1955, Section 13 -- Quashing of complaint - Cheating - Entire dispute is of a civil nature arising out of commercial transaction - No allegation that accused company was involved in any manner with transaction between A-2 and complainant -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Unlawful contract between parties where money was being paid for securing job in government or private sector - Object of dispute manifestly rife with mala fide intentions of only recovering tainted money by coercion and threat of criminal proceedings - Such criminal prosecution should not be allowed..........
Criminal Procedure Code, 1973, Section 482, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3(1) -- Quashing of FIR - Offence u/s 3(1) of 1986 Act - Accused exonerated in the offences involving ant-social activities as defined u/s 2(b) of 1986 Act - For continuing the prosecution under 1986 Act, accused must be prosecuted for any one or..........
Drugs and Cosmetics Act, 1940, Section 23, Criminal Procedure Code, 1973, Section 482 -- Sample of drug - Quashing of proceedings - Inspector while taking sample has not followed mandatory provisions of S.23 of the Act - Applicant was neither involved in the affairs of company nor was in-charge of key personnel running the company at the time of alleged offence, as he had..........
Indian Penal Code, 1860, Section 499 -- Defamation - Quashing of complaint - Accused has explained the context in which he made statements on the basis of which a complaint of defamation was filed - Moreover, such statements have been unconditionally withdrawn by accused - It is thus, unjust to continue prosecution - No purpose will be served by continuing prosecution -..........
