Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise when matter still under investigation - High Court may accept settlement to quash criminal proceedings - However, where charge is framed but evidence is yet to start, High court can exercise it's powers, but after prima facie assessment of circumstances/material mentioned therein...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Earlier FIR was lodged and petitioner was named in the FIR - Police did not file challan against petitioner - Petitioner not summoned u/s 319 Cr.P.C. - Separate complaint cannot be filed against petitioner, particularly when summoning order was passed much after dismissal of application u/s 319..........
Criminal Procedure Code, 1973, Section 482 -- Protest petition - Order to treat it as complaint - Quashing of order - No person was named as accused/culprit and no request was made for taking action against any particular person for commission of any offence - Only irregularities committed by I.O were pointed out in the protest petition and prayer was made for rejecting..........
Criminal Procedure Code, 1973, Section 482, 190(1)(b), Indian Penal Code, 1860, Section 406, 419, 420, 467, 468, 471 -- Quashing of order taking cognizance - Offence u/ss 406, 419, 420, 467, 468, 471 IPC - Initially applicant no.1 charge sheeted u/s 406 IPC, however, in respect of other three applicants negative report was submitted by police - Prosecution and informant..........
Indian Penal Code, 1860, Section 147, 353, 120B, 295, 153A, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 147, 353, 120-B, 295, 153-A IPC - Two different FIRs - Quashing of FIRs - Property dispute between parties, as both the rival factions staked their claim over land in question with positive assertion of ownership - However, dispute itself no more survives..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge - High Court not to determine the veracity of factual position at this stage - No such material presented to clearly exculpate the accused from the occurrence - Impugned order setting aside order framing charge set aside...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Quashing of proceedings - Compromise - Divorce by mutual consent after compromise with husband - In view of subsequent events and conduct of wife, allowing criminal proceedings of accused to go on, would indeed be an abuse of process of Court -..........
Indian Penal Code, 1860, Section 420, 418, 421, 422, 424, Criminal Procedure Code, 1973, Section 482 -- Cheating - Commercial transaction - Quashing of proceedings - There is no mention in the complaint that accused had an intention to deceive complainant at the very inception when contract was entered into - Subsequent conduct of accused, in the absence of other..........
Indian Penal Code, 1860, Section 420, 448, 457, 380, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Respondent no.4 purchased the flat in an auction from Bank for which sale certificate is issued in his favour - Physical possession of said flat is also given to respondent no.4 - Respondent no.4 also filed a civil suit for restoring the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 419 -- Order taking cognizance - Petition u/s 482 Cr.P.C. not only to quash order taking cognizance but also to quash and set aside the entire criminal proceedings - Application u/s 482 Cr.P.C. held, maintainable...........
