Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 186, 353, 342, 506, 34 -- Quashing of proceedings - Compromise - Offence u/ss 186, 353, 342, 506, 34 IPC - Compromise entered into between parties, which is genuine, voluntary, without any coercion or undue influence - Offences in question are not heinous offences or serious offence of mental..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 27 -- Quashing of FIR - Offence u/ss 25, 27 of Arms Act - Prima facie it reflects that 32 bore pistol seized from possession of A-1 along with three live cartridge - Strong case found against A-1 and he received pistol from his friend A-2 and on basis of that statement A-2 was inducted as accused -..........
Indian Penal Code, 1860, Section 307, 498A, 323, 324, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offence u/ss 307, 498-A, 323, 324 IPC - Injuries sustained in almost every part of body that too by blunt object and sharp edged weapon - Compounding of such heinous offence will be against ends of justice and it will be detriment to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court in exercise of inherent power u/s 482 Cr.P.C is not expected to embark upon factual matrix because same is to be gone into during course of trial by trial Court...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - From a bare perusal of FIR, it appears that it is a civil dispute relating to agreement to sell, which is given colour of criminal litigation - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, 133 -- Quashing of conditional order passed u/s 133 Cr.P.C - When District Magistrate has no authority to issue such a conditional order, conditional order itself can be interfered by High Court invoking powers u/s 482 Cr.P.C - Conditional order quashed...........
Indian Penal Code, 1860, Section 509, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 509 IPC - Quashing of FIR - Accused allegedly invited victim lady, a stranger to him to accompany him on motorcycle during night time - He also made sexual gesture to victim with middle finger of his hand - Such an act cannot be considered as trivial in nature - Prima facie it..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed questions of facts and defence of accused cannot be taken into consideration at the pre-trial stage...........
Indian Penal Code, 1860, Section 376, 323, 328, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Applicants willing to compromise the matter - However, sexual offences constitute an altogether different class of crime which is result of a perverse mind - Allowing quashing of charge sheet, pursuant to a compromise will in such cases, only..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 406, 498A -- Quashing of FIR - Compromise - Offence u/ss 420, 406, 498-A IPC - Compromise entered between parties is genuine, voluntary and without coercion and undue influence - Complainant already made statement with regard to compromise, therefore, no prejudice would be caused to her,..........
