Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 452 -- Quashing of proceedings - Summoning of accused - Offence u/ss 323, 504, 506, 452 IPC - Magistrate while passing summoning order neither made any discussion of facts nor considered as to what overt act allegedly committed by accused - Impugned order of summoning accused..........
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 307, 34 IPC - Compromise - Quashing of FIR - FIR discloses commission of cognizable offence - Case cannot be compromised and quashed, as case is against public policy and administration of criminal justice system - Considering the nature of allegation, it is necessary to..........
Indian Penal Code, 1860, Section 384, Criminal Procedure Code, 1973, Section 482 -- Extortion - Quashing of order taking cognizance - Allegation that petitioners threatened respondent/wife to give an express undertaking to consent for divorce with her husband in divorce petition filed by husband pending in Court - However, there is not even an iota of evidence to show that..........
Indian Penal Code, 1860, Section 409, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused being a director of company allegedly committed forgery, breach of trust and criminal misappropriation of company funds by engaging consultants for creating separate and independent company on website - However, in the absence of any act in..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Indian Penal Code, 1860, Section 498A -- Quashing of proceedings - Offence u/s 498A IPC - Compromise between parties - Parties resolved to withdraw all civil and criminal cases of any nature against each other - Continuation of proceedings against husband in such case would be sheer abuse of process of law -..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 136 -- Quashing of order taking cognizance - Appeal before Supreme Court - Appeal by private parties - Maintainability - Locus standi - Appellants have precise connection with the matter at hand and thus have locus to maintain this appeal - Moreover, it may not be possible to strictly..........
Indian Penal Code, 1860, Section 302, 120B, 34 -- Offence u/ss 302, 120-B, 34 IPC - Order taking cognizance - Quashing of order - High Court committed error by quashing the order without appreciating the material placed before it in correct perspective - High Court ignored certain important facts while quashing the order taking cognizance - More so, High Court failed to..........
Indian Penal Code, 1860, Section 143, 147, 149, 238, 294(a) -- Offence u/ss 143, 147, 149, 238 IPC - Quashing of proceedings - Accused as women activists protesting and demonstrating against the commission of heinous crimes against women and teenaged girls - No allegation that accused have used any criminal force or violence - Nor they caused any obstruction to any person..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Accused Nos.2 & 3 are whole-time Director and Executive Director of company and they were in charge of day to day affairs of Company - There are specific averments in the complaint for issuance of summons against said accused persons - Complaint makes out a case against accused..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Vicarious liability - It is evident from record that present petitioner is director and share-holder of company and company runs business of giving software solutions to its customers - Apart from this, company..........
