Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the time of examining the prayer for quashing of criminal proceedings, Court exercising extra-ordinary jurisdiction can neither undertake to conduct a mini trial nor enter into appreciation of evidence of a particular case - Correctness or otherwise of allegations made in the complaint cannot be..........
Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 323, 406 IPC - Compromise - Quashing of proceedings : (a) Where wife has reaped the benefits of compromise and nothing more is required to be done by husband then such FIR deserves to be quashed; (b) If wife raises plea of fraud/coercion/duress etc. then same..........
Criminal Procedure Code, 1973, Section 482 -- Advance notice of 15 days in case investigator proposes to arrest - Such an approach is not permissible - Accused if apprehends arrest he can always resort to S.438 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 477A, 120B, 34 -- Quashing of order taking cognizance - Cheating - Allegation that accused manipulated the judicial processes and revenue records to illegally acquire government lands - Act of forgery was a deliberate attempt to circumvent the legal procedure - Nature and..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Defective investigation - If at any time, defective investigation comes to light during the course of any trial or inquiry, then same may be cured by directing further investigation and for this purpose, any appropriate writ direction or direction u/art 226 of Constitution or under..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of second FIR - Second FIR lodged at place `U' on the basis of same allegations as in first FIR lodged at place `H' - Investigating agency at place `U' was well aware of the complaint on similar allegations being lodged at place `H' - Complainants had been misusing their official position by lodging complaints one..........
Indian Penal Code, 1860, Section 376, 377, 498A, 323, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Compromise - Quashing of proceedings - Offence u/ss 376, 377, 498-A, 323 IPC - Offences alleged are primarily of private nature - Complainant is reported to have entered into compromise on his own volition - Proceedings quashed...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Compromise - Quashing of FIR - Wife failed to appear and record statement qua genuineness of compromise after taking divorce and receiving permanent alimony on the basis of said compromise - Quashing of FIR can be directed in such case, even in absence of consent of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Merely because charge sheet is filed cannot be a ground for High Court not to invoke its jurisdiction u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court would not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of allegations made in the FIR or complaint at the stage of quashing of proceedings u/s 482 Cr.P.C...........
