Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Cheating - Dowry demand - Allegation that after Roka ceremony was performed, accused made demand of car and gold ornaments and on no, fulfillment of the same, marriage was broken and accused got married with another girl -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purpose of quashing particularly the offences arising from commercial, financial, mercantile, civil, partnership or such type of transactions - High Court may quash criminal proceedings, if in its..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 324, 323, 341, 34 -- Quashing of FIR - Offence u/ss 324, 323, 341, 34 IPC - Compromise arrived at between parties in presence of respectable people of village - Alleged offences are not heinous offences showing extreme depravity nor they are against society - They are offences of personal..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit contains two prayers, one relating to determination of title and ownership and another for setting aside Board proceedings - Held, as Extra Assistant Commissioner is necessary party for setting aside and quashing Board proceedings thus, for an effective and complete adjudication of title suit,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complaint filed in respect of civil matter already pending - Agreement to sell alleged to be forged after gap of six-seven years and that too without showing any real basis for establishing commission of offence - Intention to give criminality to essentially a civil dispute - Such abusive initiation of..........
Indian Penal Code, 1860, Section 420, 338, 201, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of charge sheet - Accused, a doctor, performed operation in good faith to save life of patient and her baby with the consent of her family members - Ss.88, 92 IPC thus attracted - Nothing on record that accused concealed the fact regarding treatment - Element..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s) -- Offence u/s 3(1)(r), (s) of SC/ST Act - Quashing of FIR - Incident occurred in the premises of office - Alleged offence can be made out only if person is insulted in public view - Thus, charges u/s 3(1)(r), (s) of the Act quashed...........
Indian Penal Code, 1860, Section 420, 167, 193 -- Cheating - Quashing of FIR - Grievance of complainant is that his insurance claim was rejected by Insurance company and allegations against petitioner is that even after repeated requests, he did not pass the claim of complainant and changed the investigator and intentionally dismissed the claim - However, Insurance claim..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - Forged Will - Matter is sub judice in Civil Court regarding genuineness of disputed Will - Institution of criminal proceedings therefore, on the allegation that Will is forged one would be abuse of process of law - Criminal proceedings..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 504, 506 -- Quashing of proceedings - Offence u/ss 452, 323, 504, 506 IPC - Prime facie alleged offences is made out against accused - When factual foundation of any offence is laid against accused, Court should not intervene in exercise of its inherent jurisdiction - Summoning of..........
