Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323 IPC and Ss.3, 4 Dowry Prohibition Act - Quashing of proceedings - High Court dismissed the application to quash proceedings by quoting principles of law to decide application u/s 482 Cr.P.C. without referring to facts..........
Indian Penal Code, 1860, Section 363, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping - Minor left voluntarily her house and solemnized marriage with petitioner - Thereafter, High Court gave protection to run away couple with direction that protection would not hamper any proceedings under Prohibition of Child Marriage Act, 2006 - Marriage has..........
Indian Penal Code, 1860, Section 376(2)(b), 420, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Rape - Prosecutrix a widow fallen in love with accused and used to reside with him - Parties were in relationship with each other for quite some time and living together till she came..........
Negotiable Instruments Act, 1881, Section 138, 142, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner is not the signatory of cheque - Cheque signed by wife of petitioner and account on which cheque was drawn belongs to sole proprietorship concern of his wife as per..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment to suicide - Quashing of charge - From perusal of FIR, suicide note and report u/s 173 Cr.P.C., no ingredients of offence punishable u/s 306 IPC are made out - No evidence or positive act to suggest that petitioners abetted deceased in any manner to instigate him in committing..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Quashing of FIR - Offences u/ss 13(2), 13(1)(d) PC Act and Ss.420, 120-B IPC - There are no allegations of criminal conspiracy rather it a case of civil nature and in case, violations are there of any sort, the same could be..........
Criminal Procedure Code, 1973, Section 154, 482, Arms Act, 1959, Section 25(1b)(a), 27 -- Two FIRs - Quashing of second FIR - Offence u/ss 25(1b)(a), 27 IPC - For same occurrence no two FIRs could be allowed to survive - However, narration of both the cases in hand are distinct to each other, as present case is for recovery of arms and ammunition and earlier case relates..........
Prevention of Corruption Act, 1988, Section 7, 8, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Criminal conspiracy - Quashing of proceedings - Plea that prosecution is having insufficient evidence to bring home conviction - Held, at this stage it is not proper to bring out conclusion or guilt..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR counter blast to complaint filed u/s 138 NI Act - Cheque alleged to be fabricated - Whether cheque is fabricated or not is an issue which is to be decided in both cases, i.e in complaint u/s 138 of N.I Act and criminal case arising out of FIR -..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Offence u/ss 323, 504 IPC and Ss.3(1)(r), 3(1)(s) of SC/ST Act - Real dispute between parties is of civil and private in nature and criminal prosecution..........
