Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Wrong entries in the mutation record - Mutation entries are fiscal entries and do not create any right in the property - Criminal prosecution for the same amounts to abuse of process of law - FIR quashed - Petition allowed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 423, 464, 471, 447, 427, 120B -- Quashing of FIR - Agreement to sell - Not honoured - FIR used only as a mode to execute the agreement in question - On the face of it, FIR does not constitute the offence u/ss 120-B, 418, 420, 423, 464, 471, 447 & 427 IPC - FIR with all consequential..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and proceedings in furtherance thereto for offence u/ss 420, 467, 471, 472/120-B of IPC - FIR filed after 10 years of original agreement signed between parties - Admittedly, complainant himself gave specific reason in FIR that agreement to sell could not be executed because of variation of price in immovable..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Discharge - Financial fraud - Forged documents - One Time Settlement - Accused got Letters of credits (L.Cs) issued by bank in favour of fictitious companies proposed by them and said companies got the same discounted by attaching their bogus bills - It is not a simple..........
Criminal Procedure Code, 1973, Section 482, 173(5) -- Quashing of proceedings - Police report - Documents do not form part of police report cannot be looked into by High Court in exercise of inherent jurisdiction to quash criminal proceeding - However, in rare cases, High Court in the interest of justice may look into unimpeachable documents of sterling quality which may..........
Indian Penal Code, 1860, Section 420, 408, 468, 471, 477A, 120B -- Cheating - Misappropriation of company funds - Claiming parity with co-accused against whom proceedings were quashed - Complicity of accused in the crime is substantially graver than that of his sister/co-accused - Accused was a senior officer of complainant company and was entrusted with duty of dealing on..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 30 -- Quashing of FIR - Arms licence cancelled due to non renewal - Delay in deposit of gun - Renewal of licence later on - It does not wash away the offence - However, FIR quashed as at this distance of time allowing prosecution to continue will only cause undue harassment to accused, particularly..........
Criminal Procedure Code, 1973, Section 482, Companies Act, 1956, Section 210(1) -- Failure to lay balance sheet and profit and loss account in Annual General Meeting which was held in 2005 - Accused/Director of company resigned in 1997 since then he was not acting as Director of company - Other five similar complaints against accused with respect to meetings held on dates..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 409, 419, 420, 506 -- Quashing of complaint - Offence u/ss 406, 409, 419, 420, 506 IPC - Compromise arrived between parties and both parties agreed to part away each other - No date fixed for filing divorce petition in compromise - Time taken by Court while recording evidence and deciding..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 506, 509, 354B -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 506, 509, 354-B IPC - Parties settled their dispute amicably - Accused tendered his unconditional apology in writing to complainant, which has been accepted by her - Complainant does not want to continue with..........
