Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 451, 323, 341, 382, 147, 149, 504, 506 -- Quashing of FIR - Compromise - Offence u/ss 451, 323, 341, 382, 147, 149, 504, 506 IPC - Parties resolved to settle their dispute amicably and accordingly entered into a compromise - Both the parties categorically stated on oath that to maintain cordial..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12, 14, 17, 18, 20, 21, 22 -- Quashing of proceedings - First marriage of wife existing at the time when she solemnized second marriage - Suppression of fact - Seeking quashment of proceedings in wake of initial suppression of personal details and litigation may not..........
Criminal Procedure Code, 1973, Section 125, 482 -- Maintenance to wife - Quashing of maintenance order - Settlement arrived at between parties - Divorce by mutual consent is granted in view of settlement - Impugned order of maintenance set aside, as sufficient amount including permanent alimony was already granted to wife...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of proceedings - Compliant against mother-in-law and husband - Husband having extra marital affair and residing separately from wife - Mother-in-law pressurizing wife to consent for giving divorce to her husband and also retained her..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Prima facie cognizable offence - To be examined keeping in view contents of FIR and prima facie material, if any, requiring no proof - At this stage High Court cannot appreciate evidence nor can draw its own inferences from the contents of FIR and material relied on - It is more so when material relied on is..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR disclosing prima facie commission of various cognizable offences - High Court instead of dismissing application in part should dismiss application as a whole to uphold the entire FIR...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504, 323, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Quashing of FIR - Sanction for prosecution not taken - Offence u/ss 504, 323 120-B, S.3(1)(xi) of SC/ST Act - Petitioners are police officers, allowing prosecution of petitioners without..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 294, 34 -- Quashing of FIR - Cheating - Criminal breach of trust - FIR of case prima facie discloses commission of cognizable offences by accused - It cannot be said that dispute in question is of purely civil in nature - Investigation of case is at initial stage - Court is thus,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque whether issued by force or there was outstanding, which is lawful or not - This question of fact cannot be considered in a petition for quashing proceedings...........
Criminal Procedure Code, 1973, Section 482, Ranbir Penal Code, 1989, Section 304A -- Quashing of proceedings - Offence u/s 304A RPC - As per allegations, complications arose in health of deceased during post operative period which led to death of deceased - However, Committee of experts on two separate occasions opined that deceased was managed by accused as per prescribed..........
