Constitution of India, 1950, Article 226 -- Writ petition under Art.226 to quashing FIR - High Court does not adjudicate correctness of allegations in an FIR in proceedings u/art 226 of Constitution - Court may only intervene in exceptional cases, if allegations made in FIR ex facie do not disclose any offence at all...........
Criminal Procedure Code, 1973, Section 482, 161 -- Quashing of proceedings - Criminal proceedings cannot be quashed by assessing statements u/s 161 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, 34 -- Cruelty - Quashing of FIR - Complainant concocted a story that there was demand of dowry before marriage and at the time of marriage - However, there is no complaint made then or soon after couple had left for USA - Allegations of cruelty, harassment and torture if any took place in USA and cognizance of it could..........
Criminal Procedure Code, 1973, Section 177, 178, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 506, 34 -- Jurisdiction of Court - Cruelty - Quashing of FIR - All the offences itself complained arose in USA - Parties had invoked jurisdiction of US Court for their matrimonial dispute and all disputes stand settled - FIR at Panipat would not be sustainable qua..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petition u/s 482 Cr.P.C cannot be dismissed merely on the ground that trial has started or that some witnesses have been examined...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323 -- Quashing of FIR - Rape - False promise of marriage - Prosecutrix was having a living spouse and her divorce with her husband has not taken place - She was well aware of fact that her marriage with accused during subsistence of her first marriage, is not permissible under law - During..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Where offences are against society and not private in nature, which have serious impact upon society, compromise even if arrived at between parties do not constitute a valid ground to quash FIR or charge sheet...........
Indian Penal Code, 1860, Section 493, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 493 IPC - Quashing of charge sheet - No allegation of any inducement or any deceit to make victim believe that she was lawfully married to accused, which mislead her to have sexual intercourse with accused - Only allegation is that after marriage was settled, accused started..........
Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Demand of dowry - Quashing of charge sheet - Allegation in FIR shows that a demand of dowry of Rs.5 lakhs was made by accused from complainants - There are direct allegations in FIR - Allegations prima facie constitute a commission of an offence under the Act - Charge sheet not liable..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - False and fabricated document - Complaint filed on the basis that agreement filed in civil suit is forged and fabricated - Though civil suit decreed with finding that agreement in question is forged and fabricated but appeal against the..........
