Criminal Procedure Code, 1973, Section 482 -- Quashing of final report - When allegations against accused in final report filed by police contain ingredients of offences alleged against him and when prosecution has produced materials to prove such allegations, final report cannot be quashed by invoking power of High Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 295A, 296, 323, 336 -- Quashing of FIR - Offence u/ss 295-A, 296, 323, 336 IPC - Stones, chili powder and dirty water thrown on a procession of persons of Muslim community - No evidence regarding involvement of petitioner in commission of crime available on record because petitioner is not named..........
Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Criminal conspiracy - Parties entered into compromise - Trial Court allowed parties to compound offence punishable u/ss 420, 419, 406 IPC but offence u/s 120-B IPC was not attested, as no compromise was filed before it, though offence is compoundable..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Proceedings can only be quashed where issue is overwhelmingly and predominantly of civil profile arising out of commercial, financial, mercantile and civil or matrimonial nature - Criminal proceedings are not to be quashed where offence is heinous in nature...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Information Technology (Amendment) Act, 2008, Section 66, 72 -- Quashing of proceedings - Compromise - Cheating - Criminal conspiracy - Parties entered into compromise - Matter between parties has been settled amicably, voluntarily and without any pressure or coercion - Proceedings..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - If on account of closure of commercial activity, any particular person who is associated with such commercial venture, suffers loss, same would not amount to commit an offence by Company u/ss 420, 406 IPC - Proceedings qua directors of such company..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Loan transaction - Allegations alleged in complaint asserted to be false and accused denied of taking loan - Fact of taking loan can only be decided after parties adduce evidence - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed question of fact cannot be adjudicated upon by High Court in exercise of power conferred u/s 482 Cr.P.C - Only prima facie case is to be seen...........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 323, 504, 506, 354, 147 -- Quashing of summoning order - Order taking cognizance - Offence u/ss 323, 504, 506, 354, 147 IPC - Detailed cognizance order as well as summoning order passed by Magistrate with judicial application of mind to material available on record - Materials are sufficient..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Civil and criminal proceedings - In certain cases very same set of facts may give rise to remedies in civil as well as criminal proceedings and even if a civil remedy is availed by a party, he is not precluded from setting in motion proceedings in criminal law...........
