Indian Penal Code, 1860, Section 494, 107, Criminal Procedure Code, 1973, Section 482 -- Bigamy - Abetment of offence - There is no allegation against applicants that they instigated `R' to commit an offence punishable u/s.494 IPC - There is no allegation that applicants engaged themselves in any criminal conspiracy to commit an offence u/s.494 IPC - It is the case of..........
Indian Penal Code, 1860, Section 504, 506, Criminal Procedure Code, 1973, Section 482 -- Criminal intimidation - Quashing of charge-sheet - Allegation that accused persons including appellants abused informant and threatened her with death - No specific abuse or threat mentioned in FIR or in statement of witnesses u/s.161 Cr.P.C. - Held, in absence of exact words uttered..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 153A -- Criminal proceedings - Quashing of - Perusal of article published does not make out a case that intention is to cause disorder or incite people to violence which is sine qua non of offence u/s 153-A IPC - Prosecution has to prove existence of mens rea in order to succeed - Specifically..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 336, 120B -- Cheating and criminal breach of trust - Quashing of proceeding - Gist of case made out in civil suit is wholly inconsistent with allegation that defective materials not at all replaced by petitioners as alleged in impugned criminal proceeding - Allegation of no, replacement..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 327, 341 -- Quashing of proceedings - Parties compromised - Complainant does not wish to pursue criminal proceedings against petitioner - Since offence happens to be more of private nature rather than pubic one, hence, criminal proceedings u/ss 327, 341 IPC quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Dowry demand & cruelty - Criminal proceedings - Quashing - Main accused husband of deceased acquitted from charges - Continuance of criminal proceedings against remaining accused i.e. i, laws of deceased - Held, it would be abuse of process of law especially when there was bleak..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500, Press and Registration of Books Act, 1867, Section 7 -- Defamation - Private complaint - Quashing of proceedings - Perusal of complaint reveals that petitioner No.1 is Editor whereas petitioner No.2 is Managing Editor - In complaint, respondent except stating that petitioner No.2 is..........
Indian Penal Code, 1860, Section 294, 354, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Petition to quash - One `S' put his hand on victim's shoulder and despite several objections said `S' continued with such activities and tried to put his hand on her chest and pulled her clothes - Informant stopped bus and threatened `S' to report the..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 498A, 323, 294, 307, 506, 406, 34, Dowry Prohibition Act, 1961, Section 4 -- Quashing of criminal proceedings - Matrimonial dispute resolved amicably - Held, criminal proceeding liable to be quashed - Petition allowed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence u/ss 420, 406, 294 & 34 IPC - Statements made in FIR if accepted to be true cannot be said that no case for taking cognizance is made out - Matter under investigation - At this stage FIR is not liable to be quashed - Petition dismissed...........
