Indian Penal Code, 1860, Section 498A, 109, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Specific allegations against husband that he made demands of cash and car from wife - Husband used to physically and mentally torture her in connection with demands of dowry - Contention of husband that FIR lodged just to victimize husband and his..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Trial Court after considering the matter and evidence on record passed a detailed and speaking order recording its satisfaction that a prima facie case is made out and summoned applicant to face trial - Question of theft of cheque..........
Indian Penal Code, 1860, Section 384, 420, 195, 506, 211, 120B -- Offence u/ss 384, 420, 195, 506, 211, 120-B IPC - Petition u/art 226 of Constitution for quashing of FIR - Maintainability - Prima facie case is made out against accused, which requires a detailed investigation to be carried out by authorities - Case does not fall under category of rarest of rare cases -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961 -- Quashing of proceedings by High Court - Merely because wife was suffering from disease AIDS and/or divorce petition was pending, it cannot be said that allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Investigation of case is still pending - It is not proper for Court to look into material brought by accused as acceptability or veracity of such documents is a matter of trial - Whether offences are made out is a matter of trial - No ground for quashing FIR at this stage made out - Petition for quashing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500 -- Quashing of complaint - Offence u/ss 499, 500 IPC - Prima facie Magistrate found that offence in question falls within meaning of expression u/s 499 IPC - Stage of recording of evidence has not reached - It is difficult to hold that a case for quashing of complaint u/s 482 Cr.P.C has..........
Indian Penal Code, 1860, Section 498A, 323, 524, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Distant relatives - Living at separate residence - Mental cruelty can be inflicted even by communication i.e. telephone etc. - Sufficient material on record which is indicative of inflicting mental cruelty..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Quashing of proceedings - Proceedings cannot be quashed merely because informant turned hostile and does not support prosecution case, as demand and acceptance may be proved from other materials during trial connected to alleged trap and also by subjecting informant to examination in..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Quashing of proceedings - Offending car was being driven at such high speed that it first dashed against footpath and then collided with a milk van coming from opposite direction and then overturned - Accused was driving the vehicle at utmost high speed inspite of having knowledge that such..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Disputed questions of fact arising in the case - Court cannot pre-conclude either guilt or innocence, without testing facts through trial - Petition for quashing dismissed...........
