Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where a dispute which is essentially of a civil nature, is given cloak of a criminal offence, then such disputes can be quashed by exercising inherent powers u/s 482 Cr.P.C...........
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 405, 406, 415, 417, 418, 420, 504, 506, 384, 120B, 34 -- Quashing of the FIR - In the absence of the element of criminality, if both civil and criminal cases are allowed to continue, it will definitely amount to abuse of the process of the Court, which the Courts have always tried to prevent by putting a stop to any such criminal..........
Bharatiya Nyaya Sanhita, 2023, Section 108, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Abetment of suicide - Quashing of proceedings - Petitioner and deceased were living separately for last more than one year and there are matrimonial proceedings pending between them - Necessary ingredients so as to attract the alleged offence is not found - Proceedings..........
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..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Compromise - Quashing of charge sheet - Applicant and 4 other members of his family were accused of harassing and killing deceased for dowry - Guilt of all accused persons against whom same allegations were made has been established by order of trial Court and all other accused persons have been..........
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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Question as to whether complaint is frivolous or not and whether it is the act of counter blast or retaliation post lodging of FIR by applicant against complainant, is a subject matter of trial, consideration whereof is not required at the summoning stage - Petition for..........
