Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506, 342, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Offence against accused is made out from perusal of material on record and looking into facts of the case - Disputed questions of fact arise in the case, which cannot be adjudicated..........
Dowry Prohibition Act, 1961, Section 3, 4(2), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Dowry demand - Matter was investigated and charge sheet was filed - Court below took cognizance after applying its legal mind - While taking cognizance of offence, Magistrate or Court concerned is not obliged to give detailed reasons for its satisfaction -..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence u/ss 420, 467, 468, 471, 120-B IPC - Quashing of summoning order - Trial Court had not only taken cognizance of offence but also rejected the discharge application filed by accused - High Court in view of subsequent development after rejection of discharge application, should not have interfered in said..........
Government of National Capital Territory of Delhi Act, 1991, Section 18, 37, Rules of procedure -- Rules of Procedure and Conduct of Business of Legislative Assembly of National Capital Territory of Delhi, 2002, Rule 172 - Quashing of summons - Plea filed by Facebook India - Peace and Harmony Committee of Delhi Assembly sought appearance of MD of Facebook India in an..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Even though there is some technical cliches regarding presentation of complaint in the sense that complaint has not been initiated by a Director of company acting on behalf of company but by an employee of company,..........
Criminal Procedure Code, 1973, Section 110(G), 111, 482 -- Notice u/ss 110(G), 111 Cr.P.C - Quashing of notice - Notice contains a bare recital that there is apprehension of commission of cognizable offence - Notice does not contain full substance of information given by concerned police officer - Magistrate has not acted judiciously while issuing impugned notices - Even,..........
Criminal Procedure Code, 1973, Section 190(1), 173, 482 -- Cognizance of offence - Quashing of order taking cognizance - Summoning of accused by Magistrate on printed proforma without assigning any reason and taking cognizance on police report filed u/s 173 Cr.P.C is objectionable and deserves to be deprecated - Order taking cognizance quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Quashing of proceedings - Question of maintainability of proceedings would require a proper appreciation of facts of case and thorough deliberation of issues raised - Dismissal of application for quashing would not preclude applicants from raising all objections, which may..........
Constitution of India, 1950, Article 32 -- Writ petition - Quashing of criminal complaints/FIRs - Writ petition u/art 32 of Constitution is not maintainable against quashing of criminal complaints/FIRs - Petitioner can file appropriate applications under the Code of Criminal Procedure, seeking quashing of individual criminal cases or complaints...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order declaring accused as proclaimed offender - If accused shows his sincere intention and desire to appear before Court, then it would not be unjustified to protect him from being arrested - Order declaring accused as proclaimed offender set..........
