Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court while exercising jurisdiction u/s 482 Cr.P.C, would not ordinarily embark upon an enquiry whether evidence in question is reliable or not or whether on a reasonable appreciation of its accusation would not be sustained, as this is the function of trial Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Criminal proceedings manifestly attended with mala fide and proceedings initiated maliciously with ulterior motives - When such fact is established, same is a good reason to quash criminal proceedings...........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of FIR - Allegations against father-in-law and mother-in-law - Omnibus hurling of abuses against accused - No specific overt act is indicated in the complaint qua accused as the entire narration in the complaint is the squabble between husband and wife..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Quashing of complaint - Presumption u/s 139 of the Act or disputing the endorsement on the part of bank can always be raised during trial but same cannot be ground for quashing the complaint proceeding at initial stage...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - `Account closed'- There is no illegality in summoning the accused - Petition for quashing dismissed...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Quashing of proceedings - Petition u/s 482 Cr.P.C is not maintainable qua proceedings arising out of S.12 of the Act...........
Indian Penal Code, 1860, Section 498A, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Dowry demand - Specific allegations against accused of committing cruelty on account of non-fulfillment of demand of dowry - Even, there are specific allegations that husband of complainant and her..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Quashing of proceedings - Dispute purely civil in nature given colour of criminal prosecution alleging fraud and criminal breach of trust by misusing the tool of criminal law - Necessary ingredients of the offences punishable u/s 406 and 420 IPC not made out against accused appellants from the admitted allegations set..........
Indian Penal Code, 1860, Section 447, 427, 294, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 447, 427, 294, 506, 34 IPC - Quashing of FIR - Complainant was not sure about the date of commission of alleged offences - No reason given for delay of 39 days in lodging FIR - Allegation levelled by complainant that accused demolished the boundary wall..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 79, Indian Penal Code, 1860, Section 370(5) -- Offence u/s 79 of the Act of 2015 and S.370(5) IPC - Quashing of summoning order - Allegation that sixteen minor boys were working as labourers in the factory of accused - However, evidence on record shows that accused has nothing to do with employment of..........
