Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, 34 -- Quashing of FIR - Cheating - Settlement was arrived at between complainant and petitioners alone - No settlement was arrived at with remaining accused - Dispute in question purely personal in nature - No public interest or harmony will be adversely affected by quashing proceedings..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation deposited by accused with trial Court - Complainant has no objection for compounding the offence in the event of release of entire amount of compensation - Matter ordered to be compounded - Conviction and sentence set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Condition of furnishing bank guarantee - Neither allegation in FIR that car in question procured by cheating complainant nor it is the case that accused has used the car for purpose of cheating complainant - Seizure of car u/s 102 Cr.P.C is thus, unwarranted - More so, even the condition of..........
Indian Penal Code, 1860, Section 452, 527, 504, 506(2), 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Offence u/ss 452, 527, 504, 506(2), 114 IPC and S.3(1)(10) of SC/ST Act - Prior animosity between PW and accused - Incident happened in public place on main road - Evidence of independent witness cannot be considered,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of four cheques towards advance rent - Premises vacated - One cheque presented for recovery of damages caused to the property - Civil Court decree was passed against complainant and a finding was recorded that no damage was caused to building - Respondent successfully rebutted the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 34 -- Quashing of proceedings - Offence u/ss 304-B, 34 IPC - Compromise arrived at between parties - Parties have settled the matter amicably and de facto complainant inclined to withdraw police report - Compromise is executed by parties out of their free will and they confirm the terms..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No specific averments in complaint with regard to cheating - Even, there are no specific proof in support of said allegations made in complaint - Allegations made in complaint are bald and baseless - Complainant also filed a civil suit for recovery of amount and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Friendly loan - Basic ingredients which are required for transaction not disputed - There is no dispute relating to issuing of demand notice by complainant to accused - Accused sentenced to pay Rs.3,00,000/- in default S.I. of One year u/S.138 of NI Act...........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - Victim was less than 12 years of age at the time of commission of offence - Terms `Galat kaam' and `sexual intercourse' used by her against accused have to be understood in the context of her understanding which definitely cannot be equated to be that of an adult or..........
Criminal Procedure Code, 1973, Section 482, 154, 156(3) -- Quashing of second FIR - On account of malicious conduct and active concealment - Complainant got two FIRs registered against petitioners on the same cause of action - Filing of successive applications without disclosing the final report in earlier applications and instituting criminal proceedings with a malafide..........
