Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of complaint - Complaint filed under the Act of 2005, can be quashed u/s 482 Cr.P.C. if no case is made out...........
Criminal Procedure Code, 1973, Section 439(2), 482 -- Cancellation of bail - Powers of High Court u/s 482 Cr.P.C. - High Court is fully empowered u/s 482 Cr.P.C. to cancel an order passed by Subordinate Court, even without the aid of S.439(2) Cr.P.C., when such order result in miscarriage of justice, or it is palpably illegal or unjustified...........
Criminal Procedure Code, 1973, Section 439(2), 482 -- Cancellation of bail - Factors to be considered at the time of granting bail are totally different from the matters to be considered while cancelling a bail already granted - Supervening circumstances, violation of statutory provisions, no, consideration of relevant materials, consideration of irrelevant materials in..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petition filed by Proclaimed offender - Maintainability - Court would not permit any proclaimed offender to invoke inherent jurisdiction of Court u/s 482 Cr.P.C for quashing of criminal proceeding - However, in exceptional circumstances where intention of complainant is mala fide right from day one,..........
Copyright Act, 1957, Section 63, 13, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Infringement of copyright and cheating - Quashing of complaint - Allegations of use of title `Desi Boys' of synopsis of story written by complainant for title of film by appellant - Said title cannot be considered to be literary work and no copyright is..........
Indian Penal Code, 1860, Section 498A, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406, 506 IPC - Allegations against distant relatives of husband by estranged wife - Once such a glaring fact situation comes to notice of Court, it become its constitutional obligation to come to rescue of an accused, while exercising its inherent jurisdiction..........
Indian Penal Code, 1860, Section 498A, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406, 506 IPC - Quashing of FIR - Estranged wife/complainant made allegations against married sister-i, law - Marriage of sister had already taken place much before the marriage of complainant - Allegations against sister general in nature - Moreover, sister..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Matrimonial dispute - Compromise - Since it is not in dispute that terms of settlement have been acted upon and that wife has received amount in terms of settlement - In interest of justice, criminal proceedings between parties are not to be pursued - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Quashing of criminal proceedings - While exercising inherent jurisdiction u/s 482 Cr.P.C., it is not for High Court to appreciate the evidence and its truthfulness or sufficiency inasmuch as it is the function of trial Court - High Court`s inherent powers, be it, civil or criminal matters, is designed to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 419, 420 -- Quashing of criminal proceedings - Offence u/ss 419, 420 IPC - Allegations in complaint does not constitute offence alleged - Continuation of criminal proceedings not just and proper - Proceedings quashed...........
