Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Whether criminal proceedings were malicious or not, is not required to be considered at the stage of quashing of proceedings - Same is required to be considered at the conclusion of trial - At this stage, what is required to be considered is a prima facie case and material collected during course of..........
Ranbir Penal Code, 1989, Section 499 -- Defamation - Quashing of complaint - Accused in the capacity as Senior Office bearer has reported allotment of various construction contracts by Works Minister claimed by complainant to be referring to him without tenders or following procedure of Rules and regulations - Expression good faith and public good appearing in S.499..........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Allegations against husband - Wife specifically mentioned the harassment and cruelty meted out to her by husband - No case is made out for quashing FIR against husband - Petition for quashing qua husband dismissed...........
Constitution of India, 1950, Article 142 -- Quashing of criminal proceedings - Allegation that A-1 being son of complainant forged her signatures included name of A-2/grandson of complainant in joint bank account of A-1 and complainant and withdrew a total sum of Rs.10,50,000 from said account - However, accused are ready and willing to return the amount in question to..........
Indian Penal Code, 1860, Section 306, 114, Criminal Procedure Code, 1973, Section 482 -- Abetment to suicide - Quashing - Deceased working as Manager at petrol-pump of accused - While working as Manager there was some malpractices and misappropriation done by deceased - Asking deceased about details of accounts does not amount to abetment to commit suicide - FIR and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Once charges are framed u/s 228 Cr.P.C, High Court would not be justified in invoking its inherent jurisdiction u/s 482 Cr.P.C to quash proceedings in Sessions case except in those rare cases where forensic exigencies and formidable compulsions justify such a course...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 323, 357ka, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of proceedings - Compromise - Rape - Victims do not have the freedom to compromise the matter in heinous offences such as rape and molestation of minors - Proceedings cannot be quashed..........
Indian Penal Code, 1860, Section 420, 465, 468, 471, 34 -- Cheating - Quashing of proceedings - Civil suits are pending between parties - Allegation of fabrication is not against petitioner - None of ingredients of any of provisions u/ss 420, 468, 471 IPC are made out against petitioner - Proceedings qua petitioner quashed...........
Criminal Procedure Code, 1973, Section 154, 482 -- Quashing of FIR - Mala fide motive - Mala fide motives are required to be affirmatively pleaded and proved - Person against whom mala fide or bias is imputed should be impleaded as a party respondent to proceedings eo nomine and that in his/her absence no inquiry into allegations can be made...........
Criminal Procedure Code, 1973, Section 154, 482 -- Quashing of FIR/complaint - Plea of mala fide - Assets disproportionate to known sources of income - If sufficient materials are gathered for sending the accused for trial then plea of mala fide may not per se form basis for quashing FIR/complaint...........
