Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 420, 109 -- Quashing of proceedings - Murder - Allegation that A-2 introduced main accused to deceased and complainant for arranging a job and for the same Rs.6 lakhs were given - A-2 was in touch with deceased and complainant - Rs.1 lakh and 20,000 recovered from house of A-2 during..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 376, 342 -- Quashing of FIR - Kidnapping and rape - Compromise arrived at between parties - Parties have resolved their disputes and differences - Held, after considering nature of offences allegedly committed and fact that both the parties have amicably settled their dispute,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order passed in proceedings under Hindu Marriage Act - Inherent powers of High Court u/s 482 Cr.P.C can be invoked in respect of proceedings pending before or disposed of by criminal Courts - Such powers cannot ordinarily be exercised in relation to orders passed by an authority not functioning under Cr.P.C or in..........
Criminal Procedure Code, 1973, Section 482 -- Quashing - If a petition u/s 482 Cr.P.C. is filed at the stage of FIR, in that case allegations in FIR/Complaint only are required to be considered and whether a cognizable offence is disclosed or not is required to be considered...........
Criminal Procedure Code, 1973, Section 482 -- Quashing - If a petition u/s 482 Cr.P.C. is filed after charge sheet is filed - Court is required to consider the material/evidence collected during investigation - Even at this stage, High Court is not required to go into merits of allegations and/or enter into merits of the case as if High Court is exercising appellate..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Appreciation of evidence is not permissible at the stage of quashing of proceedings in exercise of powers u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Serious triable issues/allegations are required to be gone into and considered at the time of trial - High Court has grossly erred in quashing criminal proceedings by entering into merits of allegations as if High Court was exercising appellate jurisdiction and/or conducting trial - Order quashing..........
Criminal Procedure Code, 1973, Section 202, 482 -- Issuance of process - Quashing of summoning order - Allegations in the complaint have been found to be corroborated in the statement made on oath by complainant during course of examination u/s 200 Cr.P.C and also during inquiry made by Magistrate u/s 202 Cr.P.C - Summoning order reflects that same has been passed taking..........
Criminal Procedure Code, 1973, Section 482 -- Second application for quashing - Maintainable in changed circumstances...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468 -- Quashing of FIR - Compromise - Cheating - Compromise with a person who is not competent to compound the offence u/s 420 IPC as he is not a person cheated and remaining offences u/ss 467 & 468 IPC are not compoundable - Moreover, grounds raised in petition for quashing already..........
