Criminal Procedure Code, 1973, Section 482, 468, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of FIR - FIR u/s 498-A, 406, 34 IPC - Earlier complaint filed in which settlement arrived at but not fully acted upon - Said complaint was not revived - Complainant filed second complaint - It cannot be said that FIR in question is beyond period of limitation -..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Accused not having title to the property but dealt with the property and on that basis complainant was induced to part with valuable consideration - These allegations whether true or not is a matter of trial - Order quashing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B, 409, 477A -- Bail - Offence u/ss 420, 406, 467, 468, 471, 120-B, 409, 477-A - Investigation continued for a period of four years and petitioner was never arrested - As now challan has been presented and as such custodial interrogation of petitioner is not required -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 323, 307, 506, 467, 468, 471, 201, 120B, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 148, 149, 323, 307, 506, 467, 468, 471, 201, 120-B IPC and Ss.25, 27 Arms Act - Admittedly, it is a case of version and cross-version and petitioner himself is injured - `L' who is accused in..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 195, 193, 120B -- Cheating - Election matter - Quashing of FIR - Allegation made in FIR did not disclose any cognizable offence - Remedy available to complainant was to challenge election at the appropriate forum rather than filing of FIR - Wrong facts in nomination paper of election to escape disqualification pertaining..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471 -- Quashing of FIR - Compromise - Cheating - Matter between parties compromised - Compromise is genuine and Court has no inhibition in accepting compromise and quashing FIR as well consequent proceedings arising out of FIR - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR counter blast to complaint filed u/s 138 NI Act - Cheque alleged to be fabricated - Whether cheque is fabricated or not is an issue which is to be decided in both cases, i.e in complaint u/s 138 of N.I Act and criminal case arising out of FIR -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 506, 120B -- Quashing of FIR - Offence u/ss 406, 420, 467, 468, 471, 506, 120-B IPC - Settlement - Money dispute - Total amount of Rs.39 lacs received by complainant towards full and final settlement - Entire claim of complainant regarding purchase of flats stands settled..........
Indian Penal Code, 1860, Section 420, 463, 468, 469, 470, 471, 205, 190, 199, 192, 120B -- Cheating - Impersonation and forgery - Property dispute - Order of quashing of complaint - Allegation that accused by impersonating herself being mother of deceased got his property transferred in her name by mutation - However, complainant failed to lead any evidence to prove..........
Indian Penal Code, 1860, Section 406, 407, 409, 468, 471, 420, 120B -- Offence u/s 406, 407, 409, 468, 471, 420, 120-B IPC - Framing of charges and continuation of criminal proceeding against petitioner after exonerating him from departmental inquiry on similar charge amounts to abuse of process of Court - Moreover, co-accused have already been acquitted by trial Court and..........
