Indian Penal Code, 1860, Section 323, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 323, 498-A IPC and Ss.3/4 Dowry Prohibition Act - No justification for quashing proceedings against husband - Applicant Nos.2 to 6 are family members of husband and allegation levelled against them are wholly vague and no..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by proprietorship firm - Quashing of complaint - Cheque issued in favour of respondent No.1/complainant on behalf of firm got dishonoured - Petitioners/accused prosecuted as partners of firm - Respondent No.1 was not sure whether said firm was..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Quashing of complaint - Petitioners were not Directors of Company on the date on which cheque was issued - Held, petitioners cannot be made liable vicariously u/ss 138 and 141 of the Act - Impugned complaint quashed and set aside qua..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Complaint - Pre-mature quashing petition - Held, if protection officer's report does not support complaint then complainant would fail - Therefore, order quashing complaint before such procedure would be premature and unjustified...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of managing director - Quashing of - Company of which applicant is managing director has not been made an accused for offence in question which is said to have been committed by Company - Held, prosecution of applicant for..........
Criminal Procedure Code, 1973, Section 482, Evidence Act, 1872, Section 25 -- Quashing of FIR - Exercise of power - Held, ordinarily, Court would not entertain a request to quash FIR and/or investigation and/or proceedings at the behest of a person who is not available or does not make himself available or does not co-operate in process of investigation or in inquiry or..........
Criminal Procedure Code, 1973, Section 482, Evidence Act, 1872, Section 25 -- Quashing of FIR - FIR lodged on basis of statement of co-accused to police that accused was involved in offences u/ss.307, 120B of IPC and 25(1) of Arms Act during investigation of other offence - FIR sought to be quashed on the ground that such statement of co-accused is inadmissible in evidence..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Prosecution of director - Quashing of summoning order - Ample averments against petitioner to hold that there were sufficient grounds for proceeding against him and holding that he was in charge of and responsible for conduct of business of company -..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Quashing of FIR - Complainant and his other family members have consistently alleged that even when they had gone to meet petitioner and other teachers, they were addressed to with regard to their caste status - Further allegation that..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of criminal proceedings - Petitioners/accused are Nanads and Nandois of respondent No.1/complainant - Marriage of petitioners had taken place much prior to marriage of respondent No.1 - Petitioners have been residing at different..........
