Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - In the event compromise deed is found to be void ab initio on account of coercion, very basis for quashing the first complaint is removed since the settlement agreement is deemed to have never existed and hence it had no effect on the liability subsisting under the first complaint -..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of FIR - Court cannot conduct a mini-trial at the stage of considering petition for quashing FIR u/s 482 Cr.P.C or Art.226 of Constitution...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Assets disproportionate to known sources of income - Quashing of FIR - Documents which have been relied upon by accused cannot from basis of quashing FIR - Value and weight to be ascribed to documents is a matter of trial - At the stage of quashing FIR Court only has..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of FIR - Court cannot conduct a mini-trial at the stage of considering petition for quashing FIR u/s 482 Cr.P.C or Art.226 of Constitution...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Assets disproportionate to known sources of income - Quashing of FIR - Documents which have been relied upon by accused cannot from basis of quashing FIR - Value and weight to be ascribed to documents is a matter of trial - At the stage of quashing FIR Court only has..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(D) -- Quashing of order - Order taking cognizance - Offence u/s 3(1)(D) of the Act - Application u/s 482 Cr.P.C is not maintainable against order taking cognizance for an offence in SC/ST Act, as only appeal provided u/s 14-A(1) of SC/ST Act..........
Criminal Procedure Code, 1973, Section 202, 482 -- Issuance of process - Quashing of summoning order - No detailed order is required for passing any order for summoning the accused but in a case where final form has already been submitted in favour of accused and Magistrate is intending to proceed on a complaint petition, he is required to make reasons of differing with..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 -- Quashing of FIR - Compromise - Attempt to murder - Victim was attacked with a dangerous weapon i.e a knife - Injuries are such which would have caused death in ordinary circumstances - FIR cannot be quashed solely on the ground that parties have entered into a compromise - Petition for..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Quashing of - Both the complaints are by very same complainant which pertains to same incident and same time and date of incident - Complainant cannot be permitted to improve on earlier complaint and as an afterthought bring in other offences in second complaint becoming a second FIR on sameness - Second FIR held,..........
Indian Penal Code, 1860, Section 306, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Deceased was in love with accused - There is no other material to show that accused was maintaining any relation with deceased - Merely because..........
