Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of complaint - Ground of maintainability - Complainant-wife was driven out of her matrimonial home - Also, petitioner failed to bring on record anything satisfactory to interfere with order of Court - Therefore, complaint filed u/s.12..........
Charge sheet -- Quashing of charge sheet - Second Respondent issued a charge sheet on the petitioner on the basis of complaint forwarded by the previous employer namely Punjab Small Industries Export Corporation for the alleged loss caused by the petitioner to the Corporation - Held that a complaint forwarded by the previous employer could not become a subject of a charge..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offences u/ss 109, 447, 232, 324, 379/511, 354/34 IPC - Complaint was taken on file against 13 accused and petitioner is one among them - Filing of present petition for quashing of proceedings at the time of disposal of Sessions Case - No action taken at initial stage - Held, a speculative one without..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order declaring proclaimed offender - Quashing of - Petitioner was not aware about filing of complaint - Summon not served - Petitioner ready to appear before Court - Held, if petitioner appears before trial Court, he shall be released on bail...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Trial - Compromise - Matter has been compromised between parties - Amount in dispute has been paid to complainant - Complainant does not want to pursue proceedings pending before trial Court - Complainant has no objection for quashing of complaint as well..........
Criminal Procedure Code, 1973, Section 482, 91 -- Quashing of proceedings - Summoning for production of document - Accused is a registered society and also custodian of relevant document - Record summoned not created by accused no.1 (club) but is created by rest of accused persons - Moreover, chairman who is managining club is not accused in private complaint - Production..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 452, 147, 148, 149, 323 and 324 IPC - Compromise between parties - Parties are relatives - Fight had occurred in heat of moment over dispute of water - Held, fit case to quash proceedings - Petition allowed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Parties have settled the dispute amicably and cheque amount is already paid by applicant to respondent No.2 - Applicant has also deposited a sum of Rs.10,000/- with State Legal Services Authority - No objection in permitting applicant..........
Plot -- Misuser charges - Respondent took prompt steps against tenants for their transgression - After show cause notice, authority did not take any follow up action thereon - After a lapse of 25 years, claim on account of misuser charges for the entire period - Held, it would be inequitable to allow the authority which sat over the matter to take advantage of its inaction..........
Constitution of India, 1950, Article 226 -- Criminal proceedings - Delay in launching - Quashing of - Held, delay may be a relevant ground in light of materials which are available before court but without testing same at trial, proceedings cannot be quashed merely on ground of delay...........
