Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Allegations in FIR clearly refer malafide intention on part of petitioner - Even, when he was fully aware that he has closed his account, then why he has issued cheque - Hence, mens rea was..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Agreement to sell - Payment of advance amount - Sale of land to third party - Payment of advance is not entrustment or that accused had dominion over it in any manner on behalf of the complainant - No offence u/s 406 IPC is made out - FIR to that extent quashed...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Matrimonial Dispute - Misconduct - Quashing of FIR - Complainant has not been found to be bonafide litigant as after entering into compromise and receiving the amount of permanent alimony, she turned dishonest and had been avoiding her appearance - She..........
Indian Penal Code, 1860, Section 363, 366, 506, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim was minor on the date of commission of offence - It cannot be said that no cognizable offence is made out if allegations in FIR are taken to be true - Moreover, victim before Court below expressed her desire to go with her father which belies..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of proceedings - Proceedings cannot be quashed on the ground that alleged act of accused falls within exception to S.499 IPC without there being any evidence on record...........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 307, 294, 34, Arms Act, 1959, Section 25, 27 -- Compounding of offence - Offence u/ss 307, 294, 34 IPC and Ss.25 & 27 Arms Act - Not an offence between private parties simpliciter - Such offences have a serious impact on the society at large - Offences are definitely against the society -..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Compromise - Quashing of FIR - Dispute between parties amicably settled - Complainant does not want to pursue the case against petitioner - Offence u/s 420 IPC along with proceedings emanating thereto, quashed - Petition allowed...........
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 320, 482 -- Attempt to murder - Compromise - Though the offence u/s 307 IPC is a serious offence and no, compoundable but High Court has power to accept the compromise - Instantly, investigation is at initial stage - No injury is caused to victim - Weapon of offence not recovered by police -..........
Indian Penal Code, 1860, Section 109, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- One accused cannot be charged for the offences u/ss u/ss 109, 147, 148, 149 IPC - Offence of abetment, rioting, unlawful assembly cannot be committed singly - Charges quashed...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment to commit suicide - Aged lonely woman humiliated and publicly dragged and beaten - These facts constitute sufficient instigation i.e. abetment to commit suicide - Offence is made out from the allegations made in the FIR and petition for quashing of FIR deserved dismissal - Petition..........
