Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Prima facie from the documents on record is shown that cheque had been issued by petitioner no.2 in favour of complainant, which is asserted to be in discharge of existing legal liability - Prima facie ingredients for summoning u/s 138 of the Act are made out and petitioners..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petition does not become infructuous on arrest of accused - Even if, accused is arrested, petition has to be decided on merits...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Exoneration in department proceedings cannot be the basis for quashing of criminal case - Criminal case has to be proceeded on the basis of evidence adduced in it - Same has to be tested by trial Court and then a judgment has to be pronounced on the basis of evidence adduced and produced..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Compromise arrived at between husband and wife - Wife has received a sum of 11 lacs towards her entire maintenance/permanent alimony from husband and a decree of divorce on account of mutual consent is also passed by concerned Family Court - Since wife has reaped all benefits from the..........
Indian Penal Code, 1860, Section 467, 468, 120B -- Offence u/ss 467, 468, 120-B IPC - Quashing of FIR - No allegation against petitioner of making any false document or committing any forgery - Even if entire allegations made against petitioner in the FIR are considered to be true in their entirety still the offences in question not made out against petitioner - FIR..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR can be quashed even when charge sheet is filed, provided a satisfaction is reached, inter alia, that either FIR and charge-sheet read together, even when accepted as true and correct without rebuttal, does not disclose commission of any offence or that continuation of proceedings arising out of such an FIR..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations levelled in the FIR are mostly vague and general in nature - Complainant and accused severed their ties and they both settled in their respective lives abroad - Proceedings quashed...........
Indian Penal Code, 1860, Section 174A -- Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Order declaring proclaimed offender suffered from vice of non-compliance of provisions of S.82 Cr.P.C. - FIR registered solely in compliance with said order which in itself is legally unsound cannot stand on its own - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(f)(g) -- Quashing of FIR - Offence u/s 3(1)(f)(g) of SC/ST Act - Complainant and petitioners have compromised the matter inter se them - Offences alleged to have been committed by petitioners do not involve offences of moral turpitude or any..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Specific allegations raised against accused - Offence u/s 498-A IPC is made out against accused - Proceedings qua accused u/s 498-A IPC cannot be quashed - Petition for quashing dismissed...........
