Indian Penal Code, 1860, Section 364, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 364, 34 IPC - Where main accused is acquitted, no criminal proceeding can be sustained against co-accused on the same set of witnesses - Proceedings qua co-accused quashed...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Parties have arrived at amicable settlement voluntarily - Family Court declared the status of marriage no more in existence by mutual consent by rightly applying Muslim Personal Law - Proceedings against husband quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 376(2)(n) -- Quashing of proceedings - Rape - False promise of marriage - Victim who is a married woman voluntarily had sex with her former lover - Intercourse between parties was purely consensual in nature - Nothing on record to show that accused had made a false promise only to satisfy..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B -- Quashing of FIR - Compromise - Offence u/ss 420, 120-B IPC - Matter between parties amicably settled in terms of compromise - Whether the offence u/s 120-B IPC is compoundable or not, would depend upon allegations and accused being party to conspiracy - However, without adjudicating..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Petitioner is second accused in complaint u/s 138 of the Act - Petitioner prays to quash complaint against him on ground that cheque is issued from account maintained by a proprietary firm owned by first accused and first accused is..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping - Victim had clearly stated that she was neither taken away nor induced and that she had left her home of her own free will - S.366 IPC would come into play only where there is a forceful compulsion of marriage, by kidnapping or by inducing a woman -..........
Income Tax Act, 1961, Section 147 -- Reopening of assessment - Quashing of notice issued u/ss.147, 148 - Income Declaration Scheme - High Court extending immunity under IDS to an assesse who was not declarant under the Scheme, is invalid - Therefore, quashing of notice for re-assessment, improper...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - It is permissible in law to quash FIR or final report only against one or some of accused on the ground of settlement, depending upon facts and circumstances of each case invoking S.482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, 34 -- Quashing of FIR - Cheating - Settlement was arrived at between complainant and petitioners alone - No settlement was arrived at with remaining accused - Dispute in question purely personal in nature - No public interest or harmony will be adversely affected by quashing proceedings..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 182, 211, 120B -- Quashing of FIR - Compromise - Offence u/ss 420, 406, 182, 211, 120-B IPC - Compromise arrived at between parties - Although offence u/ss 406, 420 IPC are compoundable with permission of Court, but Offence u/ss 182, 120-B, 211 IPC are not compoundable u/s 320 Cr.P.C -..........
