Criminal Procedure Code, 1973, Section 154, 482 -- Delhi Special Police Establishment Act, 1996, S.3 & 6 - FIR - Registration of - Non compliance of provisions u/s.154 Cr.P.C. - Effect - Held, if case is registered on the basis of information received suo-motu after specifying that information reveals prima facie cognizable offence against respondent and found that matter..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Petition u/s 12 of Act of 2005 should be confined against husband and parents-i, law - Complaint against others quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Two FIR's - Quashing of FIR sought on the ground of manipulation in registering crime - Held, criminal law set in motion cannot be set at naught particularly when both FIRs disclose commission of an offence...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- Closure of defence evidence - Exemption from appearance granted and defence evidence closed as it was not produced - Held, once the Court granted exemption to the accused, an opportunity to lead defence evidence should have been granted - One opportunity to lead defence evidence given...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Averments made in complaint filed by respondent u/s.138 NI Act are sufficient to come to conclusion that cheque in question was not issued in discharge of any existing debt or liability - In whatever capacity, respondent might be..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Proceedings against mother-i, law and two sisters-i, law quashed as allegations are extremely general in nature and no specific role is attributed to them - FIR lodged after six years - Continuation of criminal proceedings against appellants is an abuse of process of law - FIR..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406 -- Quashing of FIR - If there had been any iota of truth in the allegations of complainant, then the complainant would not have waited for a period of nearly one year and four months prior to launching the prosecution of accused - Prosecution launched with the object of wreaking..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Compromise in an offence u/ss 323, 504, 506 IPC and S.3(1)(x) SC/ST Act - Complainant seeking withdrawal of the case is indication that continuance of such proceedings would be unnecessary..........
Indian Penal Code, 1860, Section 326, 325, 324, 452, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Cross case - Compromise - Offence u/ss 148, 323, 326 and 452 read with S.149 IPC and offence in cross case u/ss 148, 324, 325 read with S.149 IPC - Parties amicably settled their disputes - They belong to the same village and also related to each other -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceeding - Assault - Respondent No.2 has stated in most categorical terms that he did not desire to pursue with the case against petitioner further as he was his younger brother and that he had forgiven him for his action - Dispute was of private nature as complainant and accused were brothers - Held,..........