Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 320, 482 -- Quashing of proceedings - Offence u/ss 406, 420, 467, 468, 471, 120B IPC - Amicable settlement between parties - Offences u/s.406 and 420 IPC are compoundable u/s.320 Cr.P.C. - Offences u/s.467, 468, 471 and 120B are not compoundable but S.320 Cr.P.C. does not..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of supplementary charge-sheet - Petitioners while taking re-possession of vehicle financed by company alleged to have robbed complainant/driver of vehicle, assaulted him and snatched keys from him - Offence of robbery prima facie was not made out against petitioners, therefore, supplementary charge-sheet prepared..........
Criminal Procedure Code, 1973, Section 319, 482, Indian Penal Code, 1860, Section 498A, 504, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Applicants-accused persons were brother-i, law and sisters-i, law having no connection in domestic affairs of husband and respondent-wife - They were not members of same household - Allegations leveled against..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Applicant/vendor and respondent No.2 entered into an agreement to sell certain properties - Undertaking given by counsel for applicant before High Court that applicant shall repay whole earnest money to respondent No.2 - Non-compliance of said undertaking - Held, prima facie dispute between parties was..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Held, Act is penal in nature - Penal enactment will not operate retrospectively - Act committed by applicant on 01.07.2005 cannot be brought into ambit of the Act which came into force on 26.10.2006 - Proceedings u/ss 18, 19, 20..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(iv)(x), Criminal Procedure Code, 1973, Section 482 -- Offence of atrocity - Compounding of - Compromise between parties to settle dispute outside Court - Complainant buried all differences against accused - Held, offence u/s.3(1)(iv)(x) of Act of 1989 is no, compoundable, but in view..........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust and demand of dowry - Quashing of charge-sheet - Applicant and his family members alleged to have demanded dowry after engagement - Applicant refused to solemnize marriage as their demand of dowry could not be met - Golden..........
Criminal Procedure Code, 1973, Section 482 -- Recall of an order - Distinction between recall and review of an order - While in a review petition Court considers on merits where there is an error apparent on the face of record and in a recall petition Court does not go into merits but simply recalls an order which was passed without giving an opportunity of hearing to an..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Appeal against acquittal - Complainant granted leave to appeal before Session Court - Recalling of order - As per accused order was passed in absence of counsel of accused, hence it amounts to violation of principles of natural justice - Inadvertent mistake is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504, 506 -- Quashing of summoning order - Petitioner/accused alleged to have committed offences u/ss 504, 506 IPC - Panchayat tried to settle dispute between petitioner and his wife - Failure of petitioner to put his signatures on settlement deed - He got infuriated and started using abusive..........