Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(10)(15) -- Quashing of proceedings - Attempt to murder - High Court while quashing proceedings not discussed the allegations made against accused - There is no independent application of mind by..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Compromise - Quashing of proceedings - When the informant without any compulsion entered into compromise and wishes to drop criminal proceedings against accused, then overriding..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 341, 323, 504, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Compromise - Matrimonial offence - Settlement arrived at between parties - There is no societal interest involved in the case - Proceedings against petitioners quashed...........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 482, 397 -- Cheating - Quashing of order of framing charge - Prima facie case against petitioner cannot be ruled out considering material on record - Petitioner utterly failed to point out what is causing grave miscarriage of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - At pre-trial stage - Court should be slow to grant relief of quashing a complaint at a pre-trial stage, when factual controversy is in the realm of possibility particularly because of legal presumption...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - When cheque and signature are not disputed by accused, the balance of convenience at this stage is in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Factual defence without having to adduce any evidence need to be of an unimpeachable quality, so as to altogether disprove the allegations made in the complaint...........
Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 2, 3 of the Act of 1986 - Quashing of proceedings - Main accused was a gang leader and who was mastermind and he hatched criminal conspiracy along with co-accused including present accused to commit murder of deceased for a..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of proceedings - Dishonour of cheque - Since cheque was given, to be present upon a contingent event accruing or a contingent condition being fulfilled until condition was fulfilled by complainant and if cheque had been presented before the said date, then it could be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 177, 420, Passport (Entry into India) Act, 1920, Section 2 -- Quashing of FIR - Compromise - Since offence u/s 177 IPC does not prima facie appear to be so grave and nor is so heinous so as to attract the rigour of embargo foisted upon the High Court in Gian Singh`s case - Therefore, settlement as..........
