Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding application u/s 482 Cr.P.C, High Court cannot conduct mini trial - High Court also cannot get into appreciation of evidence of particular case being considered...........
Indian Penal Code, 1860, Section 379, 452, 504, 506, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 452, 504, 506, 147, 148, 149 IPC - Compromise - Quashing of proceedings - Entire dispute between parties compromised in 2022 - Case is pending since 2015 - Proceedings quashed on basis of compromise subject to deposit of exemplary cost of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Compromise between parties - Nature of dispute is pre predominantly private - Compromise entered into voluntarily - Nature of offences is also not heinous - Fit case where extraordinary power u/s 482 Cr.P.C. can be exercised to secure..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Directors and Chairman cannot claim that they are not privy to enormity of transaction between accused and complainant as complaint clearly narrates role of persons involved in transaction who are made accused in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - By mere statement that Directors were not involved in transaction cannot at this juncture be accepted, when they are being put to trial and the contention being tested on the basis of examination or..........
Criminal Procedure Code, 1973, Section 482, 4, 5, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Delay in lodging FIR - Ss.4 & 5 Cr.P.C. not applicable as it is criminal jurisdiction which is invoked and not jurisdiction u/s 138 Negotiable Instruments Act - FIR cannot be said to be belated as Ss.420, 406, 120-B IPC permits lodgement of FIR within..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Power conferred u/s 482 Cr.P.C by no stretch of imagination can be construed that same is to be guided and controlled by provisions of any statue...........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Suppression of facts - Moreover development agreement itself is taking care of interest of both the parties and giving rise for specific performance or recovery to the other side, action of issuing process is wrong - Dispute civil in nature -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452 -- Quashing of summoning order - House trespass - Incident of thrashing of victim by accused can be said to have taken place on road only - Summoning of accused u/s 452 IPC is out of record and is based on surmises and conjectures - Summoning order, charge sheet and entire proceedings u/s 452..........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Compromise - Quashing of proceedings - Matrimonial dispute between husband and wife should be quashed when parties resolve their entire dispute amongst themselves through compromise duly filed and verified by Court -..........
