Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of complaint - Offence u/ss 420, 406, 120-B IPC - Gold given at time of marriage to woman is her Istri Dhan and there is no question of breach of trust or cheating as married woman is absolute owner of Istri Dhan property and can deal it with any manner - Prima facie no..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Wrong entries in the mutation record - Mutation entries are fiscal entries and do not create any right in the property - Criminal prosecution for the same amounts to abuse of process of law - FIR quashed - Petition allowed...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 420, 406, 417, 465, 467, 468, 471, 120B -- Direction for registration of FIR - FIR u/ss 379, 420, 406, 417, 465, 467, 468, 471, 120-B IPC - DDR for loss of document including signed cheques were registered in 2007 by husband of complainant - Whereas cheque in question was issued in 2009,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 498A, 406, 420, 120B -- Anticipatory bail - Bigamy - Husband performed second marriage during subsistence of first marriage - There are no criminal antecedents against husband except present case - High Court not justified in dismissing application of husband only on the basis of petition..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Compounding of offence - Cheating - Criminal conspiracy - Settlement arrived at between parties - There is every possibility of trial ending in acquittal - Since substantive offence punishable u/ss 506, 420 IPC is compoundable u/s 320 Cr.P.C., offence u/s 120-B IPC should..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 384, 420, 120B -- Two FIRs relating to same offence registered at place `U' (Rajasthan) and at place `H'(Haryana) - Complaint resulting in registration of FIR at `U' was prior to the registration of FIR at `H' - While registering FIR at `U' police was not aware about existence of FIR at..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 418, 420, 406, 465, 468, 120B -- Anticipatory bail - Case based on documentary evidence - Custodial interrogation may not be required - Bail granted...........
Indian Penal Code, 1860, Section 420, 406, 504, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Only allegation against accused is that co-accused in connivance of accused with mala fide intention misappropriated the share amount as also the profit accrued thereon - Neither accused used any defamatory language nor gave any threat or..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 420, 406, 120B -- Concurrent running of sentences - Petitioner sentenced in six cases - If an order with regard to concurrent execution of sentence is not passed, petitioner will have to languish behind bar for about 18 years - Keeping in view charges proved against accused, it is not proper to..........
