Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Statement of sanctioning authority has been recorded as PW99 - Matter is pending trial - Court feels to abstain from making any comment as legality shall be adjudicated by trial Court after final arguments are heard - Since there are no legal grounds to interfere in the course of trial, petition..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 326, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Compromise - Quashing - Offence u/s 307 IPC cannot be compromised - However, High Court can exercise its jurisdiction to quash FIR on the basis of compromise in cases where victim has not received any fire arm injury or the facts and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 326, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Compromise - Quashing - In an offence u/s 307 IPC where victim has received fire-arm injury and violation of the provisions of Arms Act has also been alleged, the same cannot be quashed on the basis of compromise between parties...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, 109, 114, 506, 294A, Dowry Prohibition Act, 1961, Section 3, 5, 7 -- Quashing of FIR - Cruelty - Dowry demand - Complainant specifically alleged in complaint that six months after the marriage, accused started harassing and demanding dowry from her - Specific instances regarding..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - At the stage of quashing an FIR, Court is not required to go into truthfulness of allegations levelled in FIR and if a case for commission of offence is made out, then High Court should refrain from exercising power u/s 482 Cr.P.C in the matter of quashing of FIR...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(R)(S) -- Quashing of FIR - Offence u/ss 341, 323 IPC and S.3(1)(R)(S) of SC/ST Act - Compromise entered into between parties - Offences u/s 341, 323 are compoundable in nature - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, 506 -- Quashing of FIRs - Cheating - Offences in question are made out against accused as per contents of FIRs - Multiple FIRs have been lodged against accused in around four years by different businessmen leveling similar types of allegations - Whether the allegations in FIRs are..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint case ordered to be tried as summons case - Quashing of order - Trial Court passed order while advancing plausible reasons - Order of trial Court to try complaint case as summon case held, proper...........
Criminal Procedure Code, 1973, Section 197, 482 -- Sanction for prosecution - Quashing of proceedings - If on face of complaint, act alleged appears to have a reasonable relationship with official duty, power u/s 482 Cr.P.C would have to be exercised to quash proceedings to prevent abuse of process of Court...........
Criminal Procedure Code, 1973, Section 197, 482, Indian Penal Code, 1860, Section 427 -- Sanction for prosecution - Quashing of proceedings - Offence u/s 427 IPC - Magistrate illegally taken cognizance of offence summoning accused u/s 427 IPC, which is ex facie bad for want of sanction - Summoning order and complaint quashed for want of sanction...........
