Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Where nature of complaint primarily found to be of vexatious and frivolous, Courts owes a duty to look into other evidences collected and did not have to be confined within content of written complaint - That apart, there must be close scrutiny of written complaint and it must be read between lines in..........
Criminal Procedure Code, 1973, Section 482, Protection of Children from Sexual Offences Act, 2012, Section 22 -- Quashing of proceedings - Offence u/s 22 of POCSO Act - Crime registered against accused on the basis of information furnished by petitioners is only u/s 12 of the Act - Even if entire allegations levelled against petitioners is believed, same will not amount to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - In a petition where quashing of FIR is prayed for, High Court should not have passed an order directing I.O. to comply with S.41-A Cr.P.C. because it indirectly amounts to granting a relief which High Court could have considered only if a prima facie case for quashing of FIR is made out...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court must avoid usurping the function of a trial Court or conducting a mini-trial when disputed factual questions attend maintainability of a complaint - Only requirement is to examine whether uncontroverted allegations as contained in the FIR taken at their face value disclose the commission of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While examining any FIR High Court exercising its power u/s 482 Cr.P.C. cannot go embarking upon genuineness of allegations made - High Court must only consider whether there exists any sufficient material to proceed against accused or not and must not be concerned with reliability, sufficiency or..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - When a factual foundation for prosecution exists, criminal law cannot be short-circuited by invoking inherent jurisdiction u/s 482 Cr.P.C. - Where allegations require adjudication on evidence, proper course is to permit trial to proceed in accordance with law...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Issues relating to state of mind of executants at the time of execution of settlement deeds, role of respondent Nos.1 to 3 in execution and use of settlement deeds, existence of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Adjudication of forgery, cheating or use of forged documents in relation to a settlement deed will always carry a civil element - Therefore, there cannot be any general proposition..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court at the stage of considering application u/s 482 Cr.P.C. cannot embark upon a roving trial as to reliability, genuineness or otherwise correctness of allegations made in FIR and materials collected during investigation by investigating officer...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(r), (s) of the Act - Quashing of proceedings - Alleged incident occurred near graveyard situated in village which comes within public place and public view - Therefore, prima facie offence established u/s 3(1)(r),..........
