Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 186, 353, 342, 506, 34 -- Quashing of proceedings - Compromise - Offence u/ss 186, 353, 342, 506, 34 IPC - Compromise entered into between parties, which is genuine, voluntary, without any coercion or undue influence - Offences in question are not heinous offences or serious offence of mental..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 27 -- Quashing of FIR - Offence u/ss 25, 27 of Arms Act - Prima facie it reflects that 32 bore pistol seized from possession of A-1 along with three live cartridge - Strong case found against A-1 and he received pistol from his friend A-2 and on basis of that statement A-2 was inducted as accused -..........
Indian Penal Code, 1860, Section 509, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 509 IPC - Quashing of FIR - Accused allegedly invited victim lady, a stranger to him to accompany him on motorcycle during night time - He also made sexual gesture to victim with middle finger of his hand - Such an act cannot be considered as trivial in nature - Prima facie it..........
Medical Termination of Pregnancy Act, 1971, Section 3, Criminal Procedure Code, 1973, Section 482 -- Termination of pregnancy - Teenager pregnancy - Rape victim - Victim is pregnant between 22-24 weeks - Medical Board recommended medical termination of pregnancy at this stage - Permission granted for termination of pregnancy - Directions issued...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 186, 333, 353 -- Quashing of proceedings - Compromise - Offence u/ss 186, 333, 353 IPC - Compromise entered into between parties - Offences in question are not heinous offences or serious offence of mental depravity, nor it involves offence covered under Prevention of Corruption Act - Chances of..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Dowry demand - Parties amicably settled their dispute voluntarily, without threat, inducement and coercion - Though offence in question are non-compoundable, however, offences are of personal in nature and will not..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Jurisdiction - Quashing of proceedings - Question of lack of jurisdiction and delay in submitting complaint has to be agitated in the trial Court - Filing of complaint in Court at place `L' does not appear to be wrong or erroneous - It does not come out..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323 -- Quashing of FIR - Rape - False promise of marriage - Prosecutrix was having a living spouse and her divorce with her husband has not taken place - She was well aware of fact that her marriage with accused during subsistence of her first marriage, is not permissible under law - During..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint cannot be quashed by taking recourse to S.482 Cr.P.C when disputed questions of facts are involved which need to be adjudicated after parties adduce evidence...........
Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Demand of dowry - Quashing of charge sheet - Allegation in FIR shows that a demand of dowry of Rs.5 lakhs was made by accused from complainants - There are direct allegations in FIR - Allegations prima facie constitute a commission of an offence under the Act - Charge sheet not liable..........
