Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If complaint is out of vengeance, then Court can interfere u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 354, 511, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of women - Quashing of proceedings - Complaint has been lodged out of mala fide intention after a lapse of 15 days from the date of lodging of FIR by applicant No.1 against husband and..........
Bharatiya Nyaya Sanhita, 2023, Section 299, 253(3), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 299, 253(3) BNS - Quashing of FIR - Petitioner through Whatsapp message outraged the religious feelings of a class of citizens - It is certainly a message which by its unsaid words, is likely to create or promote feelings of enmity, hatred and ill-will..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Elaborate defences and evidence brought on record is not to be considered at stage of deciding application u/s 482 Cr.P.C. - Mechanical approach cannot be countenanced...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Wife filed the complaint after grant of divorce, a month later - Application filed as a counter blast to fact that husband has two orders in his favour, one by Courts in Austria ordering wife to bring child back to Australia and other, by Courts in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, Indian Penal Code, 1860, Section 420, 411, 482, 120B, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of proceedings - Petitioner was the owner of car in view of supplementary challan - He was not identified at the spot - Initial accused were acquitted - Therefore, now at this stage,..........
Indian Penal Code, 1860, Section 420, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Cheating - Quashing of proceedings - Matter is essentially of civil nature and is liable to be settled on the basis of evidence of parties in civil proceedings - No case of cheating appears to be made out against applicant - Criminal prosecution is nothing but an abuse of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 466, 467, 468, 120B -- Quashing of FIR - Offence u/ss 465, 466, 467, 468, 120-B IPC - Civil suit preferred by complainant and others already stands dismissed - FIR has been registered after a gap of 16 years - Thus, continuation of proceedings emanating out of FIR are nothing but an abuse of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 483(3) -- Quashing of order of cancellation of bail - Petitioner had not willfully absented himself to hamper the trial - Rather, instead of cancelling bail on account of his non-appearance, Court ought to have exempted his personal appearance with a direction to appear on the next date when case was adjourned for..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 483(3) -- Quashing of order of cancellation of bail - Mere fact that petitioner had sought exemption on three dates out of six dates of hearing, it cannot be inferred that he had willfully absented himself or was hampering the trial - Bail could have been cancelled only after recording a satisfaction that petitioner..........
