Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 482 -- Recovery of 65 grams of smack - Reduction in sentence - Contraband recovered from accused is slightly above small quantity of 50 grams - Accused during his incarceration committed no jail offence - Accused neither required nor involved in any other case - Thus,..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Charge sheet filed on the sole basis of routine quarrel between husband and wife, which cannot be said to be justified - No whisper in dying declaration of deceased that she was ever treated with cruelty to the extent that she was having..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR at preliminary stage - Where from the perusal of FIR and evidence collected, a cognizable offence is disclosed to have been committed by a person, High Court should not quash such an FIR at a preliminary stage in exercise of its power conferred upon it u/s 482 Cr.P.C. or u/art 226 of Constitution...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of FIR - Compounding of offence - Offence u/ss 498-A, 406, 34 IPC - Matter mutually and amicably settled between parties and complainant is no longer interested in supporting prosecution as chances of success in the matter are now greatly diminished - As matter is..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 353, 186, 294, 323, 506 -- Offence u/ss 353, 186, 294, 323, 506 IPC - Compromise - Quashing of FIR - Public servant when lodges an FIR regarding assault raised upon him while he was performing his official duty, he loses locus standi to enter into compromise with accused - Petition dismissed...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 19, Criminal Procedure Code, 1973, Section 482 -- Disproportionate assets - Sanction for prosecution - Quashing of proceedings - CBI officers had cogent evidences against petitioners - FIR was registered after having a thorough investigation and charge sheet was filed in Court - CBI was not required to seek..........
Indian Penal Code, 1860, Section 379, Criminal Procedure Code, 1973, Section 482 -- Theft - Quashing of FIR - Financier repossessed vehicle as there was default in repayment of loan - No criminal action can be taken against financier - FIR quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of complaint - Complaint filed under the Act of 2005, can be quashed u/s 482 Cr.P.C. if no case is made out...........
Criminal Procedure Code, 1973, Section 439(2), 482 -- Cancellation of bail - Powers of High Court u/s 482 Cr.P.C. - High Court is fully empowered u/s 482 Cr.P.C. to cancel an order passed by Subordinate Court, even without the aid of S.439(2) Cr.P.C., when such order result in miscarriage of justice, or it is palpably illegal or unjustified...........
Criminal Procedure Code, 1973, Section 439(2), 482 -- Cancellation of bail - Factors to be considered at the time of granting bail are totally different from the matters to be considered while cancelling a bail already granted - Supervening circumstances, violation of statutory provisions, no, consideration of relevant materials, consideration of irrelevant materials in..........
