Indian Penal Code, 1860, Section 379, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Theft of sand - Quashing of proceedings - Person can be prosecuted for offence u/s 379 IPC on the allegation of illegal mining in view of S.22 of 1957 Act, as offence u/ss 4, 21 of 1957 Act is..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21 -- Offence u/ss 4, 21 of the Act - Prosecution and cognizance u/ss 21, 4 of the Act will not be valid and justified in absence of authorization - Proceedings u/ss 21, 4 of the Act quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Delay in filing of complaint - Nothing mentioned in prayer clause to condone delay in filing complaint nor Court concerned condoned delay suo moto while passing summoning order - Trial Court without considering legal provisions for..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal complaint - Order of summons against petitioner not arrayed as accused - In absence of specific allegations, prosecution of petitioner not sustainable - Complaint quashed...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 420 IPC - Compromise - Chance of ultimate conviction bleak after compromise/settlement arrived at between parties - Continuation of criminal prosecution will be futile exercise and a sheer wastage of previous time of Court - Continuation of criminal proceedings after compromise..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 316, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Cruelty - Dowry demand - Compromise arrived at between parties - High Court in exercise of its inherent jurisdiction u/s 482 Cr.P.C may quash the proceedings in respect of no, compoundable..........
Criminal Procedure Code, 1973, Section 468, 473, Indian Penal Code, 1860, Section 354, 506 -- Limitation - Offence u/ss 354, 506 IPC - FIR registered after 14 years of incident and 11 years after period of expiration of limitation - Neither delay is properly explained nor there are reasons by Magistrate for condoning the same in the interests of justice - Mere fact that..........
Indian Penal Code, 1860, Section 498A, 354, 377, 406, 34 -- Cruelty - Relatives of husband - Vague and general allegations made against petitioners by wife - Allegations were general and bereft of any specific instance and authorship - Implication of petitioners for the offences in question is actuated by a design to harass and humiliate petitioners for the reason that..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 406, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Matrimonial dispute - Compromise arrived at between parties - Chance of ultimate conviction is bleak - No useful purpose is likely to be served by allowing a criminal prosecution against..........
Indian Penal Code, 1860, Section 166, 167 -- Offence u/ss 166, 167 IPC - Quashing of proceedings - Allegation against petitioner is that she acted against Rules and guidelines and had refused to register settlement deed - However, all that petitioner had done was requested de facto complainant to produce original of Patta obtained by his predecessor in terms of Circular..........
