Indian Penal Code, 1860, Section 147, 353, 120B, 295, 153A, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 147, 353, 120-B, 295, 153-A IPC - Two different FIRs - Quashing of FIRs - Property dispute between parties, as both the rival factions staked their claim over land in question with positive assertion of ownership - However, dispute itself no more survives..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Quashing of proceedings - Compromise - Divorce by mutual consent after compromise with husband - In view of subsequent events and conduct of wife, allowing criminal proceedings of accused to go on, would indeed be an abuse of process of Court -..........
Indian Penal Code, 1860, Section 420, 418, 421, 422, 424, Criminal Procedure Code, 1973, Section 482 -- Cheating - Commercial transaction - Quashing of proceedings - There is no mention in the complaint that accused had an intention to deceive complainant at the very inception when contract was entered into - Subsequent conduct of accused, in the absence of other..........
Indian Penal Code, 1860, Section 420, 448, 457, 380, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Respondent no.4 purchased the flat in an auction from Bank for which sale certificate is issued in his favour - Physical possession of said flat is also given to respondent no.4 - Respondent no.4 also filed a civil suit for restoring the..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 406, 498A -- Cancellation of bail - Nothing on record to suggest that accused had not co-operated with the investigation or had hampered it in any way - Non recovery of articles is not a valid ground for cancellation of bail - It is to be proved during trial as to how much dowry was given and..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B -- Bail - Illegal gratification - Accused being officers of Central Exercise intelligence demanded Rs.10 lakhs from complainant with regard to service tax evasion - Transcript of recorded telephonic conversation brought on record..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 394, 397 -- Delay in lodging FIR - Offence u/ss 394, 397 IPC - Occurrence took place in the intervening night of January when nights are extremely cold and foggy - Besides, on the next morning after covering distance of 14 kilometers reaching police station with three injured persons cannot be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 419 -- Order taking cognizance - Petition u/s 482 Cr.P.C. not only to quash order taking cognizance but also to quash and set aside the entire criminal proceedings - Application u/s 482 Cr.P.C. held, maintainable...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304B, 498A, 342, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Delay of more than 3 days in lodging FIR - Dowry death - No whisper in the statement of informant that he was illegally detained by accused persons in their house or he was compelled to sign blank papers or he was grief stricken..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 352, 457 -- Quashing of Compliant - Magistrate has given a categorical finding that there are sufficient grounds to proceed in the matter - At this stage it cannot be said that no offence is made out against applicant - Disputed questions of fact arise between parties, which cannot be..........
