Criminal Procedure Code, 1973, Section 438, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Bail - Record shows that till date, warrant whether bailable or non-bailable, has not been issued, therefore, merely issuance of summon by order against the applicant would not come within the premises of apprehension of being arrested by the police - Appeal dismissed...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations against appellants are that they entered into a conspiracy with other individuals to fabricate a forged Will after death of testator that was then used to circumvent sale deed - Neither any criminal breach of trust nor any..........
Indian Penal Code, 1860, Section 341, 290, 171F, 34, Police Act, 1861, Section 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 290, 171-F, 34 IPC, and S.34 of Police Act - Quashing of proceedings - FIR and charge-sheet neither disclose any act committed or illegal commission that caused common injury, danger, annoyance to public or any section of public..........
Indian Penal Code, 1860, Section 376(2)(n), 307, 324, 323, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 376(2)(n), 307, 324, 323, 504, 506 r/w S.34 IPC - Quashing of proceedings - Agreement of surrogacy - Agreement is against public policy - Agreement of surrogacy is not legalized in India - Application u/s 482 Cr.P.C. rejected...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If a FIR and materials collected in furtherance of which disclose a cognizable offence and final report filed u/ss 173(2), 173(8) Cr.P.C depending on whether further investigation was conducted, reveals that ingredients to constitute the offence as alleged are prima facie made out against accused, then..........
Criminal Procedure Code, 1973, Section 482 -- Second quashing petition - Second quashing petition raised on the grounds which were available to accused at the time of adjudication of first quashing petition - Failure of accused to raise a pertinent ground which was tangibly available to them at the time of adjudication of first quashing petition in no circumstance grant a..........
Criminal Procedure Code, 1973, Section 482, 319 -- Quashing of order - Order of summoning of additional accused - Application u/s 482 Cr.P.C. is not an interlocutory application and supplementary affidavit filed in the case should have been confined to facts within personal knowledge of deponents of respective affidavits as per R.12 of Allahabad High Court Rules ...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of proceedings - Offence u/s 376 IPC is undoubtedly a grave and heinous nature - Ordinarily, quashing of proceedings involving such offences on the ground of settlement between parties is discouraged and should not be permitted lightly - However, power of Court..........
Indian Penal Code, 1860, Section 376, 354A, 354D, 509, 506, 324, 323, 141, 143, 147, 149, 452, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of two FIRs - Both parties have categorically taken the stand that they have resolved their disputes amicably and are desirous of moving on with their lives - Complainant in second FIR is now..........
Indian Penal Code, 1860, Section 120B, 415, 420, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss. 120-B, 415, 420, 34 IPC - Appeal against quashing of complaint - Allegation of creating forge family tree and partition deed to secure compensation land, excluding complainant and her sisters - As per record, HC relied on the statement of sub registrar that was..........
