Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - It was incumbent upon High Court while invoking power u/s 482 Cr.P.C to consider the question whether allegations would constitute the offence alleged against accused...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 504, 506 -- Quashing of proceedings - Cheating - Ingredients necessary to constitute offence u/ss 420, 406, 504 & 506 IPC not made out - Proceedings quashed...........
Indian Penal Code, 1860, Section 376, 313, 323, 504, 506, 507 -- Rape - Compromise - Quashing of proceedings - Victim married with accused and they have one son - She has entered into compromise with accused with her free will and without any coercion - No fruitful purpose will be served to proceed against accused - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Execution of Power of attorney on receipt of Rs.12 Lakhs as consideration - Revocation or cancellation of power of attorney - Whether power of attorney was revoked or cancelled with bona fide intention or with mala fide intention to cheat the agent who had paid part sale..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order at the preliminary stage without affording parties opportunity of adducing evidence will result in finality and trial Court will be ousted from weighing material evidence which would result in accused being given un-merited advantage - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court should not have examined and recorded conclusion on the disputed facts to quash FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While exercising power u/s 482 Cr.P.C, High Court was legally bound to see if allegations/accusations constitute any offence or not...........
Indian Penal Code, 1860, Section 384, 406 -- Offence u/s 384, 406 IPC - Quashing of proceedings - Basic ingredients of offence in question not proved against accused - No useful purpose is likely to be served by allowing criminal prosecution - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Essential Commodities Act, 1955, Section 3, 7 -- Quashing of FIR - Cheating - Allegation that hydrocarbon mixture was found in the seized tanker which was being sold by accused representing it to be petrol or diesel - However, samples were sent more than two years back for testing but a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint not filed by authorised person - Quashing of complaint - Complaint cannot be quashed simply because the authorization was not proper...........
