Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 3, 4 -- Quashing of FIR - Offence u/ss 406, 420 IPC and Ss.3, 4 of Prize Chits and Money Circulation Schemes (Banning) Act - It is a case where both parties are alleging violation of terms and conditions of agreement..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Second complaint on same subject matter - Complaint u/ss 420, 406, 506, 120-B IPC - Two complaints filed on the same subject matter - In the second complaint pendency of first complaint not disclosed - Prima facie it amounts to abuse of process of Court - However, CJM sent..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 468, 482 -- Cruelty - Limitation - Quashing of complaint - Complaint u/ss 498-A, 420, 406, 324, 506 IPC - Wife filed complaint against husband after delay of 8 years - Bar u/s 468 Cr.P.C not applies to offence u/s 498-A IPC, as it is in the nature of continuing offence - Even..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction - Wife claiming to have been harassed by husband not only in India but also abroad - Though no part of cause of action arose in city of Bengaluru, however, complaint filed u/s 498-A IPC a liberal approach requires to be adopted -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of FIR - Criminal breach of trust - Essential ingredients to constitute criminal breach of trust is `Entrustment of Property' and `Dishonest use of the same' - In the instant case, as per FIR, element of entrustment is missing and it is case of complainant himself that it was a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of FIR - Offence u/s 406 IPC - Compromise - Parties have reached a settlement and dispute between parties amicably settled - Complainant does not want to hold accused responsible - Quashing of FIR would definitely be to secure ends of justice and to prevent abuse of process of..........
Indian Penal Code, 1860, Section 498A, 406, 323, 354, 376, 511 -- Offence u/ss 498-A, 406, 323, 354, 376, 511 IPC - Quashing of FIR - Specific allegation levelled against husband, father-in-law and mother-in-law to the effect that they assaulted complainant with fist blows and demanded money from parents of complainant - Petitioners raised question about character of..........
Indian Penal Code, 1860, Section 498, 420, 406, 120B -- Dispute mainly a matrimonial dispute - Matrimonial discord resolved by mutual divorce - Proceedings quashed...........
Indian Penal Code, 1860, Section 406, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Misappropriation of cash and gold jewellery - Charge levelled against applicant with regard to misappropriation of jewellery and gold has not been found substantiated - Even there is no proof of misappropriation of cash - Factum of litigation between..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406 -- Dishonour of cheque - Cheque drawn by co-accused and not applicant - Applicant has nothing to do with the business transactions in which alleged amount of Rs.2.50 lakhs was paid by complainant in order to establish business of her son - Order of summoning of applicant is erroneous -..........
