Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While quashing proceedings High Court observed that no useful purpose will be served by prolonging proceedings of case - Such is not a good ground and/or a ground at all to quash criminal proceedings when a clear case was made out for offences alleged...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(10)(15) -- Quashing of proceedings - Attempt to murder - High Court while quashing proceedings not discussed the allegations made against accused - There is no independent application of mind by..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Compromise - Quashing of proceedings - When the informant without any compulsion entered into compromise and wishes to drop criminal proceedings against accused, then overriding..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 452, 323, 324, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 307, 452, 323, 324, 148, 149 IPC - Matter has been compromised and complainant have no objection in case FIR is quashed - Statement of complainant and injured person have been made voluntarily without any fear, coercion or..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No allegation against accused of any inducement by her to deceive and to deliver gold jewellery - Allegations of dishonest inducement and cheating are against husband of accused - In the absence of any allegation of inducement by accused, she cannot be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Forged and fabricated Will - Accused filed civil suit for permanent injunction claiming relief of the basis of Will - In such suit burden will be on plaintiff to prove genuineness of Will to claim the relief - However, that does not prevent defendant/complainant to initiate criminal proceedings on the..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While exercising jurisdiction u/s 482 Cr.P.C, High Court should not ordinarily embark upon an enquiry into whether there is reliable evidence or not - Jurisdiction has to be exercised sparingly, carefully and with caution only when such exercise is justified by specific provisions of S.482 Cr.P.C..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Abuse in the process of Court - Courts intervention is warranted u/s 482 Cr.P.C. when allegations in FIR do not at all disclose any offence or there are materials on record from which Court can reasonably arrive at a finding that proceedings are in abuse of the process of Court...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 304, 506 -- Forged and fabricated Will - Quashing of complaint - Ex facie allegations in FIR disclose an offence - Whether persons named in FIR have committed offence or not, has to be decided upon trial in criminal proceedings - High Court fell in error in taking an..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - In non-compoundable cases where there is no chance of conviction and also there is no societal interest and parties have settled the matter between themselves, proceedings can be quashed...........
