Criminal Procedure Code, 1973, Section 320(9), 482, Indian Penal Code, 1860, Section 386, 387, 451, 506, 120B -- Compounding of offence - Quashing of criminal proceedings - Complainant, in his counter has, in an unambiguous language as well as in precise and clear terms, stated that they have resolved their disputes amicably and reduced terms of agreement into writing - He..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 20 - - Possession of assets disproportionate to known sources of income - Framing of charge - Quashing of - Held, while exercising power u/s 482 Cr.P.C., scope of interference is very limited - High Court will not delve into the..........
Criminal Procedure Code, 1973, Section 482 - - Transfer of case for investigation - Theft of 23 metric tones of TMT bars from lorry valued at Rs.9,86,000/- - Complaint disclosed that owners and drivers of vehicle were hand in glove with organized criminals and inter-State gangs, who were engaged in committing theft of steel materials belonging to petitioner's-company -..........
Negotiable Instruments Act, 1881, Section 138, 141(2), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of - Question as to whether petitioner is i, charge and responsible for the affairs of company - Held, it would be a matter of evidence - Said question cannot be decided by way of petition filed..........
Criminal Procedure Code, 1973, Section 482, 197, Indian Penal Code, 1860, Section 166, 418, 120B -- Quashing of proceedings - Averments made in the complaint petition if taken at its face value and is accepted to be true, no offence u/ss 166, 418 and 120-B of the Indian Penal Code is made out against petitioners - Moreover, petitioners are Public Servant and belong to..........
Criminal Procedure Code, 1973, Section 145, 146, 107, 116, 482 -- Quashing of proceedings initiated u/s 145 - Dispute over house between parties - Proceedings u/ss 107/116 already in existence - Prior to filing of application u/s 145 CrPC, civil suit was already pending in Civil Court between parties regarding same property and before initiation of proceedings u/s 145..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - Exercise of - Held, powers of High Court u/s 482 Cr.P.C. are to be exercised sparingly and not as a matter of routine - Inherent powers of High Court u/s 482 Cr.P.C. are meant to add ex debita justitiae to do real and substantial justice, for administration of which alone it exists, or to prevent..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Physical relations established by promising that if anything unusual happens in future he will take care - Prosecutrix when conceived, accused refused to marry her and held out a threat if any adverse action is taken - Prosecutrix nowhere stated before or at the time of establishing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 255, 258, 259, 260, 420, 471, 120B -- Grant of bail - Modification of conditions imposed - Accused was permitted to travel abroad four times and every time, he complied with conditions imposed by Trial Court - Every time, when permission was granted to petitioner to travel abroad, he submitted FDR..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500, 501, 502, 34, 5, 7 - - Defamation - Quashing of complaint - Prosecution of Chairperson and Managing Director of publication company - No specific averments in complaint against them - Allegations made by complainant are prima facie vague and based on presumptions - Held, in absence of..........
