Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Agreement to sell - Payment of advance amount - Sale of land to third party - Payment of advance is not entrustment or that accused had dominion over it in any manner on behalf of the complainant - No offence u/s 406 IPC is made out - FIR to that extent quashed...........
Criminal Procedure Code, 1973, Section 482 -- FIR - Non registration by police - Remedy lies u/s 156(3) Cr.P.C. and not u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Matrimonial Dispute - Misconduct - Quashing of FIR - Complainant has not been found to be bonafide litigant as after entering into compromise and receiving the amount of permanent alimony, she turned dishonest and had been avoiding her appearance - She..........
Indian Penal Code, 1860, Section 363, 366, 506, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim was minor on the date of commission of offence - It cannot be said that no cognizable offence is made out if allegations in FIR are taken to be true - Moreover, victim before Court below expressed her desire to go with her father which belies..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of proceedings - Proceedings cannot be quashed on the ground that alleged act of accused falls within exception to S.499 IPC without there being any evidence on record...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Pendency of civil suit - Issue with regard to ownership of land yet to be finalised - No case made out against appellants for initiating any criminal proceedings - Criminal proceedings against appellants quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of FIR - Narcotic drug recovered from co-accused - No prima facie evidence of involvement of petitioner in the incident - In the absence of any corroborative evidence, petitioner cannot be held to be involved in the incident merely on the..........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C. - Maintainability - Availability of alternative remedy in view of revisional jurisdiction would not bar jurisdiction of Court u/s 482 Cr.P.C. in appropriate case...........
Criminal Procedure Code, 1973, Section 482, 468 -- Quashing of proceeding - Cases covered by statutory bar of limitation may be liable to be quashed without any further enquiry - But cases not covered by statutory bar can be quashed on the ground of delay in filing criminal complaint in appropriate cases as there is violation of right of speedy trial u/art 21 of..........
Criminal Procedure Code, 1973, Section 482, 468 -- Quashing of proceeding - Bar by limitation - Mere delay in completion of proceedings may not be by itself a ground to quash proceedings where offences are serious, but Court having regard to conduct of parties, nature of offence and extent of delay in facts and circumstances of a given case, quash the proceedings in..........
