Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 506 -- Quashing of summoning order - Offence u/ss 406, 506 IPC - Allegation of non-payment of salary and provident fund to complainant after resignation - No prima facie evidence on record that after resigning from company of accused, complainant joined another company and shared confidential..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - In concluding paragraph demand is not clear - However, in the preceding paragraphs of notice there is reference of cheque as well as the amount shown in cheque and there is demand to pay that amount within 15 days - Notice has to be read in totality - It cannot be said that notice does not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of proceedings - Offence u/ss 498-A, 406, 34 - Complaint filed against husband after taking divorce by wife - Proceedings initiated by wife under Domestic violence Act also which culminated in dismissal of proceedings on merits - Proceedings quashed...........
Indian Penal Code, 1860, Section 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 323, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Accused and complainant had been living as husband and wife and three children were borne from their co-habitation - Allegation of demand or receiving of dowry on the part of accused will attract ingredients of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Allegations against accused are of defrauding State - Matter cannot be settled between two private individuals i.e accused and complainant - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegations with regard to inducement are only qua co-accused - There was no transaction of any nature directly between present accused and complainant - Only allegation against accused is that co-accused executed GPA in favour of complainant in respect of..........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - Quashing of FIR - Offending news article was aimed at frustrating the proposed foundation stone laying ceremony on the land, of which complainant claims to be the true owner - There is no reference to any group or groups of people in the said offending news article - Publication focuses totally on the..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 - Quashing of FIR - There is no allegation in the FIR that owing to the alleged offensive post attributable to appellant, complainant was provoked to such an extent that he could indulge in disturbing the public peace or commit any other offence - FIR thus, lacks the necessary ingredients of the offence u/s 504 IPC -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court will not be justified in embarking upon an enquiry as to reliability or genuineness or otherwise of allegations made in the FIR or complaint...........
Indian Penal Code, 1860, Section 376(2)(n), 354D, 504, 506, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(v), 3(2)(va) -- Rape - Quashing of proceedings - Initial version of prosecutrix that accused committed rape upon her and she became pregnant and accused caused her abortion for which she was..........
