Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - In a proceeding u/s 482 Cr.P.C. - Oral direction - Illegal - Issuing oral directions restraining arrest, does not form part of judicial record and must be eschewed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 3, 6, 5, 17, 16 -- Quashing of FIR - Kidnapping and rape of 17 years old girl - Settlement between parties - Accused and victim got married - Compromise and settlement entered between parties and marriage subsequently..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complainant alleged that initially when cheque was presented, amount was credited to his account - However, in pursuance of an email sent by accused to bank threatening legal action and a further police complaint, transaction entry was..........
Negotiable Instruments Act, 1881, Section 138, 82, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Material alteration - Quashing of complaint - Factum of who carried out material alteration is disputed - Disputed question of fact cannot be gone into by High Court while exercising its powers u/s 482 Cr.P.C - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court not to enter into appreciation of evidence and consider whether on basis of evidence, accused is likely to be convicted or not...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 420, 109 -- Quashing of proceedings - Murder - Allegation that A-2 introduced main accused to deceased and complainant for arranging a job and for the same Rs.6 lakhs were given - A-2 was in touch with deceased and complainant - Rs.1 lakh and 20,000 recovered from house of A-2 during..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 376, 342 -- Quashing of FIR - Kidnapping and rape - Compromise arrived at between parties - Parties have resolved their disputes and differences - Held, after considering nature of offences allegedly committed and fact that both the parties have amicably settled their dispute,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order passed in proceedings under Hindu Marriage Act - Inherent powers of High Court u/s 482 Cr.P.C can be invoked in respect of proceedings pending before or disposed of by criminal Courts - Such powers cannot ordinarily be exercised in relation to orders passed by an authority not functioning under Cr.P.C or in..........
Criminal Procedure Code, 1973, Section 482 -- Quashing - If a petition u/s 482 Cr.P.C. is filed at the stage of FIR, in that case allegations in FIR/Complaint only are required to be considered and whether a cognizable offence is disclosed or not is required to be considered...........
Criminal Procedure Code, 1973, Section 482 -- Quashing - If a petition u/s 482 Cr.P.C. is filed after charge sheet is filed - Court is required to consider the material/evidence collected during investigation - Even at this stage, High Court is not required to go into merits of allegations and/or enter into merits of the case as if High Court is exercising appellate..........
