Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 328, 380, 420, 120B -- Quashing of FIR - Occurrence of incident about 1 1/2 years and allegations against petitioner are vague - No particulars of said occurrence are mentioned - Complainant?s main grievance is for mother of petitioner for administering poisonous substance, exploiting his..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - During enquiry a lot of material has been collected by investigating agency and on basis of enquiry report, FIR was registered - Another FIR was also registered for stealing rice, machinery and account books of mill - Petitioner was arrested - Held, no case is made..........
Indian Penal Code, 1860, Section 420, 417, 418, 120B, Criminal Procedure Code, 1973, Section 177, 179, 181 -- Complaint u/s 138 NI Act withdrawn on a promise to make the payment - After withdrawal of complaint accused neither took any steps to pay the amount nor kept his commitment - Jurisdiction - Agreement was entered into at Chandigarh to withdraw the complaint -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 423, 424, 34 -- Anticipatory bail - Offence u/ss 420, 406, 423, 424 & 34 - Dispute is purely a business transaction - Whether there was any dishonest intention to cheat the complainant remains to be seen only when parties adduce oral and documentary evidence - Disputed questions of fact..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B - - Cheating and criminal breach of trust - Compromise - Matter compromised between parties amicably - Offences are private in nature - Compromise is for benefit of parties and will bring peace and harmony between them - No useful purpose would be served while continuing..........
Indian Penal Code, 1860, Section 406, 417, 420, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Complaint that husband has remarried - Complaint not only against husband but also against father-i, law, mother-i, law, unmarried sister-i, law, who are not concerned with the marriage - No material to show that applicants had knowledge of remarriage or..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Sale to third person - Non return of advance amount of Rs.Twenty Five lacs - At this stage it cannot be concluded as to whether accused had no intention of cheating the complainant at the time of entering into agreement with them - Factum of intention of..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Cheating - Quashing of complaint - Complaint does not disclose any breach of contract nor intention to cheat - Only sale amount was not paid in part - Offence discloses only a civil liability - Held, no offence u/ss 406 & 420 IPC is made out - Prosecution is..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal conspiracy - Quashing of proceedings - Averments in complaint so as to infer fraudulent or dishonest inducement made by accused No.1 and accused No.2 pursuant to which appellant parted with money - It is the case of appellant that Respondent No.2 does not have..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), , Section 193, 196, 420, 120B - - Fabrication of order of High Court by accused in a writ petition - Complaint filed u/s 195(1)(b)(i) and (iii) by Deputy Registrar of High Court before Special Judicial Magistrate without any authorization by High Court - Held, complaint is not valid - Magistrate cannot..........
