Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Compromise arrived at between parties - Dispute has been amicably resolved - FIR along with all subsequent proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of proceedings - Vicarious liability - Plea that petitioners are not responsible or that they were not in charge of affairs of the company - However, complaint mentions details attributing sufficient role to the accused - Debatable issues raised by petitioners can only be tested during..........
Criminal Procedure Code, 1973, Section 482, Insecticides Act, 1968, Section 31, 3(k)(i), 17, 18, 33, 39, Insecticides Rules, 1971, Rule 27(5) -- Quashing of complaint - Sanction for prosecution - Offence u/ss 3(k)(i), 17, 18, 33, 39 of Insecticides Act and R.27(5) of Insecticide Rules - In complaint, petitioners not impleaded as accused in their individual capacity, only..........
Criminal Procedure Code, 1973, Section 482, Insecticides Act, 1968, Section 3(k)(i), 17, 18, 29, 33, Insecticides Rules, 1971, Rule 27(5), 29(1)(A) -- Quashing of complaint - Delay in filing of complaint - Offence u/ss 3(k)(i), 17, 18, 29, 33 Insecticides Act and Rr.27(5), 29(1)(A) of Rules - Sample sent for a second laboratory test on request of accused - Is of no help..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Petition for quashing order of Magistrate is maintainable and availability of remedy u/s 379 Cr.P.C would not make a petition u/s.482 Cr.P.C not maintainable...........
Indian Penal Code, 1860, Section 406, 420, 34 -- Criminal breach of trust and cheating - Criminal and civil proceedings - Quashing of criminal proceedings - Prima facie no case is made out u/ss 406, 420 IPC - Dispute between parties is purely of civil nature - Initiating criminal proceedings definitely amounts to an abuse of process of Court - Final report and proceedings..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, 406 -- Quashing of FIR - Compromise - Offence u/ss 420, 120-B, 406 IPC - Complainant backing out from compromise - Complainant cannot be permitted to back out from her statement particularly when her claim has been satisfied and she made a statement that matter has been mutually..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 447 -- Quashing of FIR - Cheating - Allegations contained in FIR constitute prima facie offence against petitioner - Whether dispute between parties is of civil nature or not can only be ascertained after parties lead evidence - Investigation into allegations levelled in FIR already..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(p), 3(1)(q) -- Quashing of Charge sheet - Offence u/ss 3(1)(p), 3(1)(q) of SC/ST Act - Applicant annexed some papers of case diary without disclosing fact that from where he obtained such papers, which are confidential papers prepared by I.O..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Complaint against police personnels - Allegation of beating and hurling abuse levelled against petitioners - There is no requirement of sanction u/s 197 Cr.P.C, as act of petitioners does not come within the purview of discharge of official duty - Petition for quashing of proceedings dismissed...........
