Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Application u/s 12 of Act of 2005 - Quashing of proceedings - An application u/s 482 Cr.P.C. does not lie to quash an application filed u/s 12 of Act of 2005...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- Application u/s 12 of Act of 2005 - Quashing - A petition to quash an application u/s 12 Act of 2005 is maintainable only by way of a petition under Article 227 of the Constitution and not under S.482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 154, 482 -- Two FIRs - Quashing of second FIR - Both the FIRs related to different incidents having occurred at different points of time and same cannot be said to be part of same transaction - Even, there is no material to suggest that sub stratum of second FIR is the same as that of first FIR - Petition for quashing second FIR..........
Indian Penal Code, 1860, Section 498A, 494, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Offence u/ss 498-A, 494, 323, 504, 506 IPC, Ss.3, 4 of Dowry Prohibition Act and Ss.3, 4 of Muslim Women Act - Settlement - Quashing of complaint - Parties have undertaken not to indulge in any..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 506, 120B, 34 -- Quashing of complaint - Cheating - Criminal conspiracy - Allegation that accused entered into a conspiracy with deceased accused for making agreement for sale of flat or to deceive complainant - However, there is no averment at all in complaint to indicate that accused were..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Conviction in non-compoundable case - Court may quash criminal proceedings post conviction for a non-compoundable offence on settlement between convict and informant/complainant in rarest of rare cases when found necessary to prevent abuse of process of Court and to secure ends of justice...........
Indian Penal Code, 1860, Section 147, 506, Uttar Pradesh Regulation of Money Lending Act, 1976, Section 10(1) -- Offence u/ss 147, 506 IPC and S.10(1) of 1976 Act - Quashing of FIR - Serious allegations of money laundering made against accused - Accused are lending money whether they have licence to lend or not on record and question requires to be investigated - It cannot..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354 -- Quashing of FIR - Maltreatment of wife by husband - In conciliation proceedings husband gave in writing that he will not maltreat wife again if she came back to live with him - This statement is virtually an admission of fact that husband maltreated wife - Allegations of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354 -- Quashing of FIR - Offence u/ss 498-A, 406, 354 IPC - Allegation against father-in-law and mother-in-law - Husband and wife living separately long back before FIR came to be lodged - Allegation of outraging modesty of complainant as against her father-in-law was not found..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of FIR - Love affair between parties which continued unabatedly for almost 12 years - Accused and prosecutrix involved in a purely consensual relationship with each other for nearly a decade - Allegation against accused that prosecutrix was..........
