Indian Penal Code, 1860, Section 376(2)(n), 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape - Compromise - Quashing of FIR - Accused and complainant entered into compromise - Parties are not inclined to proceed further in the matter - FIR quashed...........
Indian Penal Code, 1860, Section 420, 406, 409, 465, 467, 468, 471, 34 -- Cheating - Quashing of FIR - Allegations against management of bank alleging acts of cheating and misappropriation of funds - FIR was lodged by appellant on the basis of inspection report of auditor - S.81(5-B) of Maharashtra Co-operative Societies Act does not contain any express or implied bar..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Merely because accused had not filed the petition for quashing u/s 482 Cr.P.C or Arts.226, 32 of Constitution, it cannot be said that no application for bail at pre-trial stage could be entertained...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Cheating - Furnishing of fabricated documents to bank to get loan - Complaint discloses cognizable offence - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of final report - Observations in the nature of findings - Not a correct approach - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Quashing of FIR - Rape - Prosecutrix aged 17 years and 10 months lodged a computerized complaint in police station - Court after looking into the physical and mental development of an adolescent of that age group,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court is not to conduct a mini trial in the proceedings u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 506, 149, 148, 147 -- Quashing of complaint - Offence u/ss 323, 324, 506, 149, 148, 147 IPC - Trial Court relying upon statements of complainant and three witnesses produced by complainant formed opinion that there are sufficient grounds to proceed against accused - No such opinion was..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Cheque was signed by petitioner as an authorized signatory of partnership firm - Petitioner is vicariously liable though subject to trial - Petition for quashing dismissed...........
Maharashtra Control of Organised Crime Act, 1999, Section 22, 23(1)(a) -- Conviction - Quashing of criminal proceedings - It would be clear from the provisions contained in clauses (a) and (b) of sub-sections (1) and (2) of Section 22 of the MCOC Act, enable the Special Court to mandatorily presume that the accused has committed an offence of organized crime if it is..........
