Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating & Criminal breach of trust - Quashing of FIR - Non payment of sale price - Does not amount to cheating and criminal breach of trust - FIR quashed...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - FIR is filed showing that appellant had an intention to cheat and commit breach of trust - However, documents on record belie the allegations in FIR - Mere civil dispute has been given the colour of an offence of cheating and criminal breach of trust - By..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Report of investigating agency thus, cannot be relied on by High Court while exercising powers u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 323, 355, 504, 34, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 498-A, 323, 355, 504, 34 IPC - Quashing of FIR - Compromise between the parties - Complainant testified that she had compromised the matter with accused voluntarily without any influence from any person, and she was residing happily in her..........
Indian Penal Code, 1860, Section 377, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Unnatural Offences - Quashing of FIR - Compromise between parties - Offence u/s 377 IPC is similar to an offence punishable u/s 376 IPC, which is heinous and against society - Offence u/s 377 being heinous and against society, cannot be quashed while exercising inherent..........
Indian Penal Code, 1860, Section 377, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Unnatural Offences - Quashing of FIR - Compromise between parties - Accused alleged that offence u/s 377 IPC was falsely introduced during investigation - However, High Court cannot go into the truthfulness or otherwise of the allegation made in the complaint - Allegation alleged..........
Indian Penal Code, 1860, Section 498A, 324, 355, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against husband - Allegation of throwing chilli powder and assault on wife by husband and other in-laws is not only supported by wound certificate which discloses simple injury but also statement of neighbour - It cannot be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court not to embark on a mini trial in exercise of its inherent jurisdiction to quash proceeding...........
Indian Penal Code, 1860, Section 376, 377, 323, 313, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of FIR - Petitioner No.1 got married with prosecutrix 10 days prior to filing of charge sheet - I.O. seized two mobile phones of petitioner No.1 and sent the same to FSL for forensic examination and involved Cyber Cell to retrieve..........
Criminal Procedure Code, 1973, Section 482, 227 -- Quashing of proceedings - Discharge - High Court while exercising its inherent powers cannot conduct mini trial - All grounds as taken in discharge application can be examined at appropriate stage of trial - Petition for quashing rejected...........
