Indian Penal Code, 1860, Section 420, 448, 457, 380, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Respondent no.4 purchased the flat in an auction from Bank for which sale certificate is issued in his favour - Physical possession of said flat is also given to respondent no.4 - Respondent no.4 also filed a civil suit for restoring the..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Quashing of proceedings - Locus standi - Once land sought to be acquired in favor of society and notifications u/ss 4, 6 of the Act issued regarding the same, Society acquires right to challenge quashing of acquisition proceedings by a Court of law...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 352, 457 -- Quashing of Compliant - Magistrate has given a categorical finding that there are sufficient grounds to proceed in the matter - At this stage it cannot be said that no offence is made out against applicant - Disputed questions of fact arise between parties, which cannot be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of summoning order - Cruelty - Demand of dowry - Magistrate found a prima facie case against accused after inquiry and as such accused were summoned - At this stage there is no occasion to look into the question,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 494, 109 -- Quashing of proceedings - Offence u/ss 494, 109 - Merely because trial of case is pending since two decades and petitioners right is violated u/art.21 of Constitution, entire proceedings as such not liable to be quashed - Petition dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 427, 435, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1) -- Quashing of summoning order - Offence u/ss 323, 324, 427, 435 IPC and S.3(1) of SC/ST Act - Cognizance of offence cannot be taken on the basis of affidavits of complainant and witnesses,..........
Criminal Procedure Code, 1973, Section 197, 482, Notaries Public Act, 1952, Section 13 -- Sanction for prosecution - Quashing of Criminal Proceedings - Attestation of antedated agreement, knowing fully well that said agreement was not entered between respective parties in his presence and further fabricated Register in support of hist attestation - Held that, act of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint and summoning order - In the instant case, cheques relating to bank account of accused got dishonoured when presented in bank under direction of accused - Even, thereafter on service of legal notice within time amount of cheque was not paid - Therefore, summoning order is passed on..........
Criminal Procedure Code, 1973, Section 190, 482 -- Quashing of proceedings - Cognizance of offence - Offence u/ss 294, 323, 452, 302, 506, 34 IPC - Nature of facts alleged and discovered create grave doubts about alleged occurrence - Even, there are some suppressions and grave discrepancies in statements of witnesses recorded during enquiry - Moreover, no FIR was lodged..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 418, 420 -- Quashing of proceedings - Cheating - Dishonour of cheque - Compromise arrived at between parties outside Court - Matter neither involves any offence of heinous nature nor having any societal impact and dispute has come to an end under..........
