Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Serious triable issues/allegations are required to be gone into and considered at the time of trial - High Court has grossly erred in quashing criminal proceedings by entering into merits of allegations as if High Court was exercising appellate jurisdiction and/or conducting trial - Order quashing..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 482 -- Dishonour of cheque - Compounding of offence - Dispute in the nature of complaint u/s 138 of N.I Act can be settled by way of compromise irrespective of any other legislation including Cr.P.C in general and S.320(1)(2) or (6) Cr.P.C in particular...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 482 -- Dishonour of cheque - Compounding of offence - Parties are at liberty to compound the offence at any stage even after dismissal of revision application...........
Criminal Procedure Code, 1973, Section 202, 482 -- Issuance of process - Quashing of summoning order - Allegations in the complaint have been found to be corroborated in the statement made on oath by complainant during course of examination u/s 200 Cr.P.C and also during inquiry made by Magistrate u/s 202 Cr.P.C - Summoning order reflects that same has been passed taking..........
Criminal Procedure Code, 1973, Section 482 -- Second application for quashing - Maintainable in changed circumstances...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468 -- Quashing of FIR - Compromise - Cheating - Compromise with a person who is not competent to compound the offence u/s 420 IPC as he is not a person cheated and remaining offences u/ss 467 & 468 IPC are not compoundable - Moreover, grounds raised in petition for quashing already..........
Criminal Procedure Code, 1973, Section 200, 482, Insecticides Act, 1968, Section 17, 18, 33, 29, 24(4) -- Cognizance of offence - Without conducting inquiry and ordering investigation - Offence u/ss 3(k)(i), 17, 18, 33, 29 of Insecticides Act - Where public servant in exercise of powers under provisions of Insecticides Act has filed complaint enclosing several documents..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, Motor Vehicles Act, 1988, Section 187 -- Quashing of FIR - Offence u/s 279 IPC and S.187 of 1988 Act - Compromise arrived at between parties - Offences alleged to have been committed by accused do not involve offence of moral turpitude or any grave/heinous crime, rather same are petty..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Detailed enquiry into merits of allegations not warranted, while deciding application u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court scrutinized material as trial Court does after evidence is adduced - High Court exceeded well settled limits in exercise of jurisdiction u/s 482 Cr.P.C. - Order quashing FIR set aside...........
