Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A & 406 IPC - FIR cannot be quashed on filing of a divorce petition in a Civil Court...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 173(2), 482 -- Offence u/s 498-A & 406 IPC - Quashing of FIR - High Court obtaining report from Investigating Officer who reported that no case is made out - FIR quashed on that ground - Order of High Court set aside - Held, High Court is not entitled to consider investigation report before..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR or criminal proceeding - Principles governing : (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused; (2) Where the allegations in..........
Criminal Procedure Code, 1973, Section 319, 482 -- Additional accused - Summoning on basis of examination-in-chief - Evidence as used in S.319 Cr.P.C. does not mean the evidence which is tested by cross-examination - Order of trial Court summoning additional accused on the basis of examination-in-chief of a witness cannot be interfered with unless the discretion exercised..........
Criminal Procedure Code, 1973, Section 482, 320 -- Compounding of non compoundable offence - High Court has power to quash proceedings even in non compoundable offences notwithstanding the bar contained in S.320 of Cr.P.C. to prevent the abuse of law and to secure the ends of justice, and this power is not limited to matrimonial cases alone - Majority view in Dharmbir's..........
Criminal Procedure Code, 1973, Section 482 -- Inherent power of High Court - To be exercised Ex-Debitia Justitia to prevent an abuse of process of Court - There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers - It always depends upon the facts and circumstances of each case - Exercise of power..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegations in FIR even if taken at their face value cannot be said not disclosing an offence - Petition to quash proceedings dismissed...........
Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings under Ss.498-A, 304-B IPC and Ss.3, 4 Dowry Prohibition Act - Application of IO for further investigation allowed - IO reported that applicants were falsely implicated and death of deceased was natural - Also post..........
Criminal Procedure Code, 1973, Section 167, 190(a), 482, Indian Penal Code, 1860, Section 498A, 304B, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 304-B, 201 IPC and Ss.3/4 Dowry Prohibition Act - Police filed final report - Protest petition filed - Protest petition treated as complaint - Statement of complainant recorded u/s 200 Cr.P.C. and..........
Criminal Procedure Code, 1973, Section 482 -- For exercise of jurisdiction u/s 482 of the Code is that the allegations contained in the complaint even if given face value and taken to be correct in its entirety do not disclose an offence or not is the question...........
