Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Compromise - Nothing to indicate lack of bona fide - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Work contract between parties - Prosecution never alleged that accused entered into agreement with fraudulent or dishonest intention inducing complainant to enter into work contract - Dispute between parties is of civil in nature and as per arbitration clause in agreement, complainant can very well approach arbitrator..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Agreement to sell - Property belongs to accused hence there is no entrustment of property - As far as refund of earnest money is concerned there is no proper demand for its return - Informant and his wife has not given up their claim in property and have sued for specific performance - Hence, retention of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 468, 120B -- Quashing of proceedings - Offence u/ss 406, 468, 120-B IPC - Parties settled the dispute amicably - Dispute is of civil in nature - Accused paid the amount of Rs.10 lakhs as agreed between parties - Complainant had no objection if offences are compounded - Proceedings quashed...........
Indian Penal Code, 1860, Section 405, 406, 415, 420, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust and cheating - Quashing of proceedings - An attempt has been made to cloak a civil dispute with a criminal nature despite the absence of ingredients necessary to constitute a criminal offence - Complaint amounts to abuse of process of Court -..........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Non-payment of entire invoice amount by accused/company as agreed between parties - Petitioner contended that he ceased to be Director of company on the relevant time thus, no liability arose when he was a Director of Company - Contention..........
Indian Penal Code, 1860, Section 498A, 406, 323, 354, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - Plea that FIR was lodged as a counter blast to filing of divorce petition - Filing of divorce petition or petition u/s 9 of Hindu Marriage Act cannot be taken into consideration to..........
Indian Penal Code, 1860, Section 498A, 406 -- Cruelty - Quashing of order farming charge - Allegation against mother-in-law and jethani - On the basis of charge sheet and material filed along with charge sheet Magistrate framed charges against accused - At the stage of framing of charge, Court is concerned only with prima facie materials presuming accused has committed..........
Indian Penal Code, 1860, Section 406 -- Entrustment of stridhan - Appeal against acquittal - Leave to appeal - Trial Court after examining statements of witnesses and considering evidence adduced by complainant as well as defence found that there is no case for commission of offence u/s 406 IPC - Entrustment of alleged articles not proved - Finding of trial Court is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 506 -- Anticipatory bail - Cheating - Petitioner directly approached High Court for seeking anticipatory bail - Reasons for the same are that petitioner belongs to State of U.P and case registered in State of Haryana, all male members of his family are involved in the case and..........