Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Application u/s 12 of Act of 2005 - Quashing of proceedings - An application u/s 482 Cr.P.C. does not lie to quash an application filed u/s 12 of Act of 2005...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- Application u/s 12 of Act of 2005 - Quashing - A petition to quash an application u/s 12 Act of 2005 is maintainable only by way of a petition under Article 227 of the Constitution and not under S.482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance in a petition filed u/s 125 Cr.P.C. - Interim maintenance is subject to final adjudication of main petition and it is only provisional maintenance which is subject to final determination to be made on conclusion of the proceedings - Petition to quash order granting interim maintenance, dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Conviction in non-compoundable case - Court may quash criminal proceedings post conviction for a non-compoundable offence on settlement between convict and informant/complainant in rarest of rare cases when found necessary to prevent abuse of process of Court and to secure ends of justice...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Specific allegation of putting nude pictures of informant on whatsapp - Merely because petitioner is husband of informant, does not constitute a valid ground to quash FIR...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 414, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, 22, 23C, 23A, 15, Madhya Pradesh Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2006, Rule 18, Madhya Pradesh Minor Mineral Rules, 1996, Rule 53 -- Illegal mining/transportation of sand -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Mere delay in lodging complaint, cannot by itself be a ground to quash FIR...........
Criminal Procedure Code, 1973, Section 41A -- Summons u/s 41-A Cr.P.C - Proceeding to quash FIR pending before High Court - Court vide impugned order directed petitioner to appear before I.O if a fresh notice is issued u/s 41-A Cr.P.C - Since lock down restrictions have been imposed in the State, petitioner not required at this stage to comply with summons u/s 41-A Cr.P.C..........
Criminal Procedure Code, 1973, Section 197, 482 -- Public servant - Sanction for prosecution - Want of sanction - Quashing of proceedings - Application u/s 482 Cr.P.C. is maintainable to quash proceedings which are ex facie bad for want of sanction, frivolous or an abuse of process of Court - If, on the face of complaint, act alleged appears to have a reasonable..........
Indian Penal Code, 1860, Section 304B, 302, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Demand of dowry - Quashing of charges - Allegation against father-in-law and brother-in-law - Petitioners were living separately from deceased - However, merely on said ground their involvement in the case cannot be discarded particularly when family members of..........
