Indian Penal Code, 1860, Section 420, 417, 418, 120B, 34 -- Cheating - Breach of contract - Nothing on record to show that at the very inception there was any intention on behalf of accused persons to cheat, which is a condition precedent for an offence u/s 420 IPC - Complaint does not disclose any criminal offence at all - Criminal proceedings should not be encouraged..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251 -- Dishonour of cheque - Quashing of proceedings - Accused having alternate and efficacious remedy to urge the pleas before trial Court at the time of framing notice u/s 251 Cr.P.C., - Inherent powers of Court not required to be invoked to quash proceedings arising out of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner without verifying the facts of application, had proceeded to change Girdawaris of land belonging to Gram Panchayat - Challan has already been prepared, which is likely to be presented - FIR cannot be quash...........
Criminal Procedure Code, 1973, Section 482, Haryana State Education School Cadre (Group B) Service Rules, 2012, Rule 5 - - Quashing of advertisement - Concession of age relaxation - Admissible to candidates in first advertisement issued after framing of Rules or with reference to candidate - In the advertisement the age prescribed was 18-42 years with relaxation - No..........
Indian Penal Code, 1860, Section 420, 417, 418, 120B -- Complaint u/s 138 NI Act withdrawn on a promise to make the payment - After withdrawal of complaint accused neither took any steps to pay the amount nor kept his commitment - Plea that non performance of contract tantamounts to breach of contract and dispute is of civil nature, cannot be allowed to stand after taking..........
Indian Penal Code, 1860, Section 420, 417, 418, 120B, Criminal Procedure Code, 1973, Section 177, 179, 181 -- Complaint u/s 138 NI Act withdrawn on a promise to make the payment - After withdrawal of complaint accused neither took any steps to pay the amount nor kept his commitment - Jurisdiction - Agreement was entered into at Chandigarh to withdraw the complaint -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Quashing of complaint - Law as to : (a) Once in a complaint filed u/s 138 r/w S.141 of the NI Act the basic averment is made that the Director was in charge of and responsible for the conduct of the business of the company at the relevant time when the offence was committed,..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 31, 20(1)(b) -- Domestic violence - Medical expenses - Interim order for payment of medical expenses to wife - Wife alleging non compliance of order - Order in question is passed u/s 20(1)(b) and not u/s 18 - Order in question not an interim protection order u/s 18 for breach whereof no offence u/s 31(1)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Contents of reply sent by accused not disclosed in complaint - Not a ground to quash the complaint...........
Criminal Procedure Code, 1973, Section 154, 482 -- Second FIR - Quashing of proceedings - Registration of second FIR against petitioners after referring to first FIR as mistake of fact, certainly amounts to abuse of process of Court - As there is a Bar under law to register second FIR in respect of same incident basing on the same set of facts - It is a fit case to quash..........
