Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where victim and offender have compromised disputes essentially civil and personal in nature, High Court can exercise its power u/s 482 Cr.P.C to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Heinous or serious crimes, which are not private in nature and have a serious impact on society cannot be quashed on basis of a compromise between offender and complainant and/or victim...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - In exercise of power u/s 482 Cr.P.C, Court does not examine correctness of allegation in complaint except in exceptionally rare cases where it is patently clear that allegations are frivolous or do not disclose any offence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - It appears that disputed question of fact and law pertaining to limitation was subjudiced in trial Court, which is primary ground in the instant petition for the prayer for quashing and setting aside proceedings u/s 138 of the Act -..........
Indian Penal Code, 1860, Section 376, 420, Criminal Procedure Code, 1973, Section 482 -- Rape - Consensual physical relationship on an assurance of marriage for a considerable period of time - For some reason, the parties fell apart - It can happen both before or after marriage - Complaint filed after three years - Permitting further proceedings under FIR would amount to..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No intention on the part of accused to deceive complainant at the time of execution of work contract between parties - Action of parties have been circumscribed within terms and conditions of said agreement - No ingredients of cheating u/s 415 IPC can be found..........
Indian Penal Code, 1860, Section 341, 323, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 323, 34 IPC - Quashing of FIR - Acts alleged against accused are not trivial in nature - Nature of injuries and harm caused to complainant and his wife can only be ascertained after conclusion of trial and after appreciating evidence to be led by prosecution - At..........
Indian Penal Code, 1860, Section 365, 458, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 365, 458, 148, 149 IPC - Compromise - Quashing of FIR - Matter between parties amicably settled - Offences in question though non-compoundable, however, prosecution qua non-compoundable offences can be closed by quashing FIR and consequent proceedings - FIR along..........
Indian Penal Code, 1860, Section 354B, 354D, 452, 506, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of woman - Quashing of FIR - Specific allegations levelled by complainant against accused - Though complainant and accused are elderly persons, however, Court cannot draw any presumption of false implication of accused on basis of the same - False..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - False implication of relatives of husband in matrimonial disputes basing on general and omnibus allegations, if left unchecked would result in misuse of process of law - Proceedings against..........
