Indian Penal Code, 1860, Section 342, Criminal Procedure Code, 1973, Section 482 -- Wrongful restraint - Quashing of proceedings - Accused took the victim along with him and is in the custody of accused - Victim unable go anywhere and even during night accused stated to have made the victim to stay in same room in the same cot - By giving new place and circumstances,..........
Indian Penal Code, 1860, Section 377, 511, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Unnatural offence - Child abuse - Quashing of proceedings - Act of accused making the victim to stay in same room in same cot, hugging him, touching the private part of victim and committing unnatural intercourse with victim, who was a minor against his..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 504, 506 -- Cheating - Quashing of criminal proceedings - Accused/petitioner dishonestly retained consideration amount paid by complainant for execution of sale deed - Accused returned partial payment that too after filing of charge sheet - Therefore, criminal proceedings cannot be quashed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 504, 506, Criminal Procedure Code, 1973, Section 482, 154 -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 120-B, 504, 506 IPC - Allegations that accused persons sold properties through disputed sale deeds fraudulently - FIR lodged after 19 years of commission of offence - No specific role assigned to..........
Industrial Disputes Act, 1947, Section 10 -- Reference - Refusal to refer dispute by Deputy Commissioner of Labour (DCL) - Dispute as to voluntary retirement of employees of respondent company after taking over company by appellant - High Court quashed said refusal as disputed questions of fact and law could not be decided by alleged delegatee of State Government in..........
Indian Penal Code, 1860, Section 290, 323, 34 -- Offence u/ss 290, 323, 34 - Quashing of proceedings - Charge sheet filed by police u/ss 290, 324 IPC - Accused did not use any instrument or other substance to cause injuries suffered by victim - At the very first instance, police ought to have treated the report as a non cognizable case and ought to have followed the..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheating - Complaint u/s 138 of the Act and separate complaint against accused u/s 420 IPC - Maintainability - Ingredients of offence punishable u/s 138 of the Act and S.420 IPC are completely different and in case where prosecution fails u/s 138 of the Act, accused..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 468, 477A -- Sanction for prosecution - Offence u/ss 420, 468 & 477 IPC - Alleged indulgence of officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabricate records or permit evasion of..........
Criminal and civil proceeding -- Quashing of criminal proceedings - Serious allegations made against accused, particularly that one of the persons said to have executed power of attorney was minor, and another was away from India - Held, even if civil suit was instituted by complainant, High Court committed no error of law in declining to interfere with criminal..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Married sister, A3 of husband - No specific instances of harassment and cruelty - Omnibus allegations - Married sister A3 residing in USA - Continuation of proceedings against married sister A3 will certainly amount to abuse of process of..........
