Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 346 -- Quashing of FIR - Kidnapping - Runaway marriage - Victim though minor performed marriage with accused with her own free will - Accused being husband is in relationship with victim and in terms of Ss.19, 21 of Guardian and Wards Act r/w Ss.6, 10, 13 of Hindu Minority and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Where allegations made in FIR or complaint even if they are taken on their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against accused, FIR is liable to be quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 451, 506 -- Quashing of FIR - Rape - Compromise arrived at between parties - Parties got married with each other - Victim endorsed the compromise arrived at with accused and now they are living happily under one roof - FIR quashed...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Admittedly, cheques issued were blank cheques and they were filled by complainant - Even a blank cheque leaf voluntarily signed and handed over by accused which is towards some payment would attract presumption u/s 139 of the Act..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Quashing of proceedings - Complaint/FIR/charge sheet disclosing commission of offence - Simply because there is remedy provided for breach of contract or arbitral proceedings initiated at the instance of appellant, that does not by itself clothe the Court to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - To exercise power u/s 482 Cr.P.C, complaint in its entirety has to be examined on the basis of allegations made in complaint/FIR/charge sheet - High Court at that stage is not under an obligation to go into matter or examine its correctness - Whatever appears on the face of complaint/FIR/charge-sheet..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 34 -- Quashing of proceedings - Cheating - Dispute as to agreement to sell executed between parties - Ingredients of offences in question cannot be said to be absent on basis of allegations in FIR/complaint/charge sheet - Though FIR/charge sheet indeed reveal commercial transaction but..........
Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Question as to whether statement in a given case falls under any of the ten exceptions to S.499 of the Code have to be decided only after trial...........
Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Two defamatory statements were made by accused against complainant - As far as first statement is concerned, it is doubtful whether it would attract ingredients of offence defined u/s 499 IPC as against accused - However, second statement that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Issues involving facts raised by accused by way of defence can be canvassed only by way of evidence before trial Court and same will have to be adjudicated on merits of case and not by way of invoking jurisdiction u/s 482 Cr.P.C at..........
