Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 452, 308, 323, 504, 506 -- Quashing of FIR - Offence u/ss 376, 452, 308, 323, 504, 506 IPC - An application filed by first informant before I.O. that there was no physical relationship between her and accused - False FIR - FIR lodged on false allegations only to built pressure upon accused so..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Substantive proceedings u/s 138 of N.I. Act have already been amicably resolved amongst parties, resulting in withdrawal of complaint or quashing of proceedings - FIR registered u/s 174-A IPC as a result of..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), 3(2)(vii), 4 -- Quashing of investigation - Offence u/ss 3(1)(v), 3(2)(vii), 4 of SC/ST Act - Even accepting allegations in report to be true, no offence under SC/ST Act is made out - Proceedings qua petitioners quashed...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Compromise - Quashing of FIR - Offence is broadly committed against deceased - There can be no compromise with the dead man - FIR cannot be quashed on basis of compromise...........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Merely because parties entered into a compromise to live in brotherhood, peace and harmony, without background of friendship, closeness of family, strong bonds or being in relations, it is meaningless to permit compounding of heinous..........
Indian Penal Code, 1860, Section 323, 324, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 323, 324, 34 IPC - Compromise arrived at between parties - Offence u/s 324 IPC is non-compoundable - However, without adjudicating this point, in the facts and circumstances peculiar to this case, prosecution qua non-compoundable offences..........
Indian Penal Code, 1860, Section 364, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 364, 34 IPC - Where main accused is acquitted, no criminal proceeding can be sustained against co-accused on the same set of witnesses - Proceedings qua co-accused quashed...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Parties have arrived at amicable settlement voluntarily - Family Court declared the status of marriage no more in existence by mutual consent by rightly applying Muslim Personal Law - Proceedings against husband quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 376(2)(n) -- Quashing of proceedings - Rape - False promise of marriage - Victim who is a married woman voluntarily had sex with her former lover - Intercourse between parties was purely consensual in nature - Nothing on record to show that accused had made a false promise only to satisfy..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B -- Quashing of FIR - Compromise - Offence u/ss 420, 120-B IPC - Matter between parties amicably settled in terms of compromise - Whether the offence u/s 120-B IPC is compoundable or not, would depend upon allegations and accused being party to conspiracy - However, without adjudicating..........
