Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of charge sheet - Civil dispute sought to be given the colour of a criminal wrong doing - Execution of a sale deed, during pendency of suit, may attract doctrine of lis pendens, but from reading charge sheet, it is evident that there is no element of criminality which is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - At this stage it cannot be accepted that amounts deposited by nephew of accused in bank account of wife of complainant was towards debt incurred by accused - No case of quashing complaint is made out - Complaint cannot be quashed...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of FIR - Defence of accused cannot be looked into while considering writ petition seeking quashing of FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - For quashing of proceedings u/s 482 Cr.P.C, an accused has to prove that un-controverted allegations do not make out an offence...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Prima facie evidence on record that accused had played an active role in instigating or adding commission of suicide by deceased by pressuring her to have physical relationship with him as well as to leave her husband and to marry him by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Misuse of process of law by filing successive applications suppressing material facts and documents and misleading Court - Applicant has not come to Court with clean hands - Petition rejected with cost of Rs.25,000/-...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent powers u/s 482 Cr.P.C can be exercised to prevent abuse of process of Court or to give effect to any order under Cr.P.C or to secure the ends of justice...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Powers of High Court u/s 482 Cr.P.C though are wide and are in the nature of inherent power, yet said power cannot be exercised suo motu in a sweeping manner and beyond the contours of what is stipulated under said Section...........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim and accused solemnized marriage with each other out of their own volition and are living together for the last 2 years - Mere fact that accused was not above 21 years would not render the marriage void - More so, on the date when matter is being..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Petitioners have not issued cheque and they have tendered their resignation much before issuance of said cheques - These are incontrovertible facts - Only a bald averment is made in complaint against them that..........
