Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal complaint - Summoning order - Remedy has been provided under the Cr.P.C and all the petitioner have availed the remedy by filing revision petition - Present petition challenging the summoning order now amount to filing of second revision - Complaint cannot be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Result and findings of investigation has to be accepted as correct in its entirety and it is against such a backdrop that necessity of a regular trial against accused has to be determined - Truth or veracity of allegations cannot be agitated or gone into at this stage - If, judged by the said..........
Indian Penal Code, 1860, Section 363, 366, 376, 120B, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of charge sheet - Age of prosecutrix as per High school certificate was about 15-1/2 years at the time of incident - Applicant claimed to have obtained agreement from prosecutrix mentioning that they were living as husband and wife since last..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Parties entering into settlement - Quashing of proceedings - Not a fit case for exercise of discretion under the extra ordinary powers u/s 482 Cr.P.C. on the ground of settlement - Petition dismissed. (Para11 & 12)..........
Criminal Procedure Code, 1973, Section 391, 401, 482 -- Additional evidence in revision - Sessions Judge has jurisdiction to take additional evidence in revision...........
Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of proceedings - Petitioner an advocate by profession, representing case of husband in a case of divorce - Petitioner living separately from family members of husband and not directly related to them..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 498-A IPC and u/ss 3 & 4 of Dowry prohibition Act - Compromise - Parties entered into compromise and settled their disputes amicably through process of mediation which is not challenged - For bringing peace..........
Criminal Procedure Code, 1973, Section 482 - - Quashing of complaint/FIR - At the stage of quashing of complaint/FIR, Court is not to embark upon an enquiry as to probability, reliability or genuineness of allegations made therein...........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B - - Cheating and criminal breach of trust - Compromise - Matter compromised between parties amicably - Offences are private in nature - Compromise is for benefit of parties and will bring peace and harmony between them - No useful purpose would be served while continuing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 29, 68A, 68E, 68F, 68G, Criminal Procedure Code, 1973, Section 451, 482 -- Recovery of contraband - Forfeiture of property derived from or used in illicit traffic - Authority passing order under chapter V-A of NDPS Act - Court can refuse to release article in interim custody u/s 451 of Code - Power cannot..........
