Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Criminal Procedure Code, 1973, Section 482 -- Non appearance of accused - Issuance of non bailable warrants - Petitioner was on her family way and gave birth to a child - Non appearance was wholly unintentional - Impugned orders set aside - Liberty is granted to petitioner to appear before trial Court within a period of 15 days...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations mentioned in present FIR are same as stated in first FIR which ended in acquittal - Present FIR was lodged after four months of acquittal from first FIR without making out any new case or new cause of action - Such implication by way of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Proceedings should not be quashed when parties are at variance over a question of fact as it would result in injustice to complainant - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - New plea raising a pure question of law can be raised at any stage and a plea relating to jurisdiction of Court can also be raised at any stage - Therefore same can be raised at the stage of entertaining application u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C - Maintainability - Filing of revision petition before Sessions Court not bars High Court from entertaining an application u/s 482 Cr.P.C invoking inherent jurisdiction for limited purpose of looking at it as to whether there has been miscarriage of justice or that ends of justice would be secured by..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Dispute regarding ownership of land - Delay of 60 years in initiating the dispute which is not explained - Criminal case is lodged only after failure to obtain relief in civil suits coupled with denial of relief in interim therein - Resort to criminal case is only with ulterior motive for oblique reasons and..........
Criminal Procedure Code, 1973, Section 482 -- Second petition for quashing - Present petition for quashing filed after 7 years after judgment of acquittal of co-accused - Even otherwise mere acquittal of co-accused would not be a ground to quash proceedings - Petitioner is a resident of Canada and would have to come back to face trial as had been undertaken by him but..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Averments and allegations made in the complaint do not constitute offence u/s 420 IPC - Ingredients for offence of cheating are not at all satisfied - Proceedings quashed...........
Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii)(1), 6, Criminal Procedure Code, 1973, Section 482 -- Sexual assault - Quashing of proceedings - Victim and accused are now staying together as husband and wife - They decided to amicably settle the matter - However, victim was 13 years old at the time of incident - Narration of incident by victim does..........
