Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Forged and fabricated agreement to sell - Quashing of FIR - Agreement to sell in question shows that there is no visible cutting/alteration at any place - FIR is a pure tactic to escape from civil liability of executing and registering sale deed in favour of petitioners, especially in light of the fact..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Payment of compensation or financial assistance to families of deceased cannot be treated as a ground for quashing criminal proceedings arising out of an offence u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Offence u/s 304-A IPC is not merely between accused and complainant but have a direct nexus with public safety - Acceptance of a compromise in such matters would be contrary to larger public interest - Quashing petition dismissed...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death by rash and negligent act - Compromise - Quashing of FIR - Incident occurred at a workplace involving shuttering and structural activity, where two labourers have lost their lives after allegedly falling from a beam - Determination of role of petitioners, nature of their duties and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offences which have serious impact on Society cannot be quashed merely on basis of compromise between parties...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Question whether a cheque was issued by way of security or in discharge of a legally enforceable debt is essentially a matter of evidence and cannot ordinarily be adjudicated in proceedings u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint on its face discloses ingredients constituting an offence u/s 138 of N.I Act - Even if plea of petitioner that cheque was issued as security or that liability stood discharged, is taken at face value, such pleas are matters..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Settlement agreement was recorded only in civil Court and a decree passed in the suit - Complaint was neither referred to mediation nor was any compromise reported before trial Court - Criminal proceedings thus, continue to subsist independently...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Mere existence of a compromise decree in a civil suit does not ipso facto render criminal prosecution non-maintainable, particularly when terms of settlement themselves contemplate withdrawal of complaint only upon fulfillment of specified conditions...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Charge-sheet i.e. police report u/s 173(2) Cr.P.C. has been submitted after investigation and High Court did not have an occasion to consider police report/charge-sheet and materials placed along with it while considering application u/s 482 Cr.P.C. - Ends of justice would be subserved if proceedings before..........
