Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Petitioner is second accused in complaint u/s 138 of the Act - Petitioner prays to quash complaint against him on ground that cheque is issued from account maintained by a proprietary firm owned by first accused and first accused is..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping - Victim had clearly stated that she was neither taken away nor induced and that she had left her home of her own free will - S.366 IPC would come into play only where there is a forceful compulsion of marriage, by kidnapping or by inducing a woman -..........
Income Tax Act, 1961, Section 147 -- Reopening of assessment - Quashing of notice issued u/ss.147, 148 - Income Declaration Scheme - High Court extending immunity under IDS to an assesse who was not declarant under the Scheme, is invalid - Therefore, quashing of notice for re-assessment, improper...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - It is permissible in law to quash FIR or final report only against one or some of accused on the ground of settlement, depending upon facts and circumstances of each case invoking S.482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, 34 -- Quashing of FIR - Cheating - Settlement was arrived at between complainant and petitioners alone - No settlement was arrived at with remaining accused - Dispute in question purely personal in nature - No public interest or harmony will be adversely affected by quashing proceedings..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 182, 211, 120B -- Quashing of FIR - Compromise - Offence u/ss 420, 406, 182, 211, 120-B IPC - Compromise arrived at between parties - Although offence u/ss 406, 420 IPC are compoundable with permission of Court, but Offence u/ss 182, 120-B, 211 IPC are not compoundable u/s 320 Cr.P.C -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 34 -- Quashing of proceedings - Offence u/ss 304-B, 34 IPC - Compromise arrived at between parties - Parties have settled the matter amicably and de facto complainant inclined to withdraw police report - Compromise is executed by parties out of their free will and they confirm the terms..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No specific averments in complaint with regard to cheating - Even, there are no specific proof in support of said allegations made in complaint - Allegations made in complaint are bald and baseless - Complainant also filed a civil suit for recovery of amount and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint and issuance of process - Security cheque - Question whether issuance of cheque as a security cheque and whether at the time when cheque was presented for payment, it was not for discharge of any debt or any other liability cannot be determined either by trial Magistrate at the..........
Criminal Procedure Code, 1973, Section 482, 154, 156(3) -- Quashing of second FIR - On account of malicious conduct and active concealment - Complainant got two FIRs registered against petitioners on the same cause of action - Filing of successive applications without disclosing the final report in earlier applications and instituting criminal proceedings with a malafide..........
