Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 3(1) -- Quashing of proceeding - Offence u/ss 498-A, 406, 34 IPC, S.3(1) of Dowry Prohibition Act - Allegations against parents of husband - Omnibus allegations has been made against family members of husband - Petitioners have been unnecessarily..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - It appears that disputed question of fact and law pertaining to limitation was subjudiced in trial Court, which is primary ground in the instant petition for the prayer for quashing and setting aside proceedings u/s 138 of the Act -..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - False implication of relatives of husband in matrimonial disputes basing on general and omnibus allegations, if left unchecked would result in misuse of process of law - Proceedings against..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - Main allegations against husband - Family members of husband who are mother and sister in law appear to have been implicated by way of general and omnibus allegations - No specific and distinct..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Compromise between parties - Nature of dispute is pre predominantly private - Compromise entered into voluntarily - Nature of offences is also not heinous - Fit case where extraordinary power u/s 482 Cr.P.C. can be exercised to secure..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Directors and Chairman cannot claim that they are not privy to enormity of transaction between accused and complainant as complaint clearly narrates role of persons involved in transaction who are made accused in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - By mere statement that Directors were not involved in transaction cannot at this juncture be accepted, when they are being put to trial and the contention being tested on the basis of examination or..........
Criminal Procedure Code, 1973, Section 482, 4, 5, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Delay in lodging FIR - Ss.4 & 5 Cr.P.C. not applicable as it is criminal jurisdiction which is invoked and not jurisdiction u/s 138 Negotiable Instruments Act - FIR cannot be said to be belated as Ss.420, 406, 120-B IPC permits lodgement of FIR within..........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Compromise - Quashing of proceedings - Matrimonial dispute between husband and wife should be quashed when parties resolve their entire dispute amongst themselves through compromise duly filed and verified by Court -..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Victim solemnized marriage with accused and couple is stated to be residing happily with each other - Male child has also been born from said wedlock - Possibility of conviction is also..........
