Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Unlawful contract between parties where money was being paid for securing job in government or private sector - Object of dispute manifestly rife with mala fide intentions of only recovering tainted money by coercion and threat of criminal proceedings - Such criminal prosecution should not be allowed..........
Criminal Procedure Code, 1973, Section 482, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3(1) -- Quashing of FIR - Offence u/s 3(1) of 1986 Act - Accused exonerated in the offences involving ant-social activities as defined u/s 2(b) of 1986 Act - For continuing the prosecution under 1986 Act, accused must be prosecuted for any one or..........
Drugs and Cosmetics Act, 1940, Section 23, Criminal Procedure Code, 1973, Section 482 -- Sample of drug - Quashing of proceedings - Inspector while taking sample has not followed mandatory provisions of S.23 of the Act - Applicant was neither involved in the affairs of company nor was in-charge of key personnel running the company at the time of alleged offence, as he had..........
Indian Penal Code, 1860, Section 499 -- Defamation - Quashing of complaint - Accused has explained the context in which he made statements on the basis of which a complaint of defamation was filed - Moreover, such statements have been unconditionally withdrawn by accused - It is thus, unjust to continue prosecution - No purpose will be served by continuing prosecution -..........
Indian Penal Code, 1860, Section 376, 377, 323, 393, 427, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of charge sheet - Accused initially raped victim by making her to consume a contaminated cold drink thereby making unconscious - It was prima facie an act of force without consent - Subsequently, accused had established physical relationship..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of order taking cognizance - Disputed question of fact involved in the case - Issuance of cheques are not denied - Once cheque is issued, presumption is always there in the light of S.139 of N.I Act - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact can only be adjudicated after parties have duly adduced their evidence - High Court in exercise of its inherent powers u/s 482 Cr.P.C is obligated to make a just and equitable choice and cannot go beyond its..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factual questions in the nature of defence are raised by accused - Such disputed questions has to be decided by examination of parties and cannot be considered in a petition u/s 482 Cr.P.C - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 376(2), 377, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Acquaintance between prosecutrix and accused started in the year 2011 - Physical relationship commenced in 2012 and continued till 2017 - It is..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Settlement has been arrived at between complainants and 13 accused - Continuance of criminal proceedings would not be of any avail once the complainant has himself stated to withdraw the complaint - Their losses having been compensated, any further investigation or trial would be an exercise in..........
