Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of proceedings - Cheating - As per wife, husband fraudulently took her signatures on divorce deed - Rather, compromise was effected between the parties and suit was withdrawn by husband which shows that they are residing happily - Hence, it cannot be said that husband has deceived..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation - Offence u/s 376 IPC and S.10(3) SC & ST Act - It is apparent that all is not well with investigations and there is strong element of suspicion lurking before Court that there is all out effort to stifle due process of law for politically motivated cause to attain sinister design - Thus, it would be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 498A, 420, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of charge sheet - Offence u/ss 376, 498-A, 420, 323, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Single Judge dismissed application for quashing without appreciating even factual matrix of case - Single Judge ought..........
Criminal Procedure Code, 1973, Section 190(1)(b), 482 -- Quashing of order taking cognizance - Cognizance taken on basis of protest petition by taking into account affidavits filed along with protest petition - Order cannot be sustained and set aside - Matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge - Framing of charges being initial stages in trial process, Court therein cannot base decision of quashing charge on basis of quality or quantity of evidence rather enquiry must be limited to a prima facie examination...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 354D, 384, 450, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Quashing of proceedings - Compromise - Rape case - Where prosecutrix and accused married each other and both are residing husband and wife, proceedings can be quashed by invoking power u/s 482..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 397, 401, 482 -- Dishonour of cheque - Compromise - High Court after being satisfied that cheque amount with assessed cost and interest has been paid, can close proceedings even in absence of complainant...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence committed by accused while he was juvenile and another offence committed after attaining age of 18 years - Subjecting petitioner to trial before two different Forums i.e. Juvenile Justice Board and Court of Special Judge - No illegality or irregularity subjecting petitioner to trial before two..........
Criminal Procedure Code, 1973, Section 82, 482, Indian Penal Code, 1860, Section 498A, 406 -- Proclaimed offender - Quashing of order declaring accused as proclaimed offender - Offence u/ss 406, 498-A IPC - Allegation against brother and sister of husband - Petitioners do not reside in India - A fact well within knowledge of wife - Any service effected in Yamunanagar would..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence u/ss 406, 498-A IPC - Allegation against brother and sister of husband - General allegations made against petitioners - Petitioners left India within a few weeks after the marriage of wife and her husband - No evidence on record that wife made any complaint..........
