Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and Criminal Proceedings - Mother of children/Petitioner is charged with kidnapping of own children - Children had gone with petitioner of their own free will, is evident from fact that during investigation of case, children made statements before police that they had accompanied their mother of their own free..........
Indian Penal Code, 1860, Section 182 -- Accused summoned in the complaint case - On same facts Calendra u/s 182 Cr.P.C. issued - Held, proceedings of Calendra are not legally maintainable when on the same facts Court has summoned accused and is seized of the matter...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Dismissal of complaint for want of prosecution - Amounts to acquittal of accused - Order can be challenged by seeking leave to appeal u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Absence of complainant from proceedings was not willful or intentional but due to justifiable reason - Moreover, proceedings were pending for securing presence of accused - Even, Magistrate neither examined nor..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - On the ground of cruelty and desertion - Petition filed by husband - Initially wife registered a false criminal complaint against the husband and his parents on account of demand for dowry - Allegation that wife had been quarreling with him and his family member on trivial matter - Wife also lodged a false..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Proof - Death of deceased occurred within one year and four month of marriage - Demand of dowry soon before death is not borne out from record - No complaint has been placed on record which father stated moved to sarpanch in regard to demand of dowry and no evidence to show any panchayat was convened in this respect -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Petitioner wanted to compound the offence on the first date of hearing on receipt of notice from the Court but complainant opted to avoid the receipt of money - Direction given to petitioner to deposit a specific sum of money which would include amount of cheque and interest on that amount as well as..........
Hindu Marriage Act, 1955, Section 28, 13(1)(1a), 13(1)(1b), Indian Penal Code, 1860, Section 494, 506 -- Divorce - On the grounds of cruelty and desertion - Adultery and bigamy by wife - Proof - No specific incident was stated by wife which could be termed as `cruelty' - All allegations were general in nature having no base - Husband has filed a criminal complaint of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of Complaint and summons - Complainant company is located at Chandigarh and material was supplied from Chandigarh - As per clause in agreement both parties had agreed that all legal disputes would be subjected to jurisdiction of Chandigarh/Delhi Courts - Held, Court of Chandigarh has jurisdiction to try and entertain..........
Criminal Procedure Code, 1973, Section 482, Indian Forest Act, 1927, Section 67 -- Quashing of complaint - Compensatory afforestation already been undertaken by concessionaire - Present petitioners are merely employees of concessionaire and subsequently permission was duly granted - Action of respondent in not arraigning either the officials of NHAI or principals of..........
