Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 406 IPC - Quashing of FIR - Dispute between parties amicably resolved vide Memorandum of Understanding - Misunderstanding, which led to registration of FIR in question, stands cleared between parties - Continuation of proceedings would be an exercise in futility - FIR qua..........
Criminal Procedure Code, 1973, Section 482 -- Application u/s 482 Cr.P.C. - Maintainability of revision cannot be a bar for entertaining an application u/s 482 Cr.P.C. - State not able to show as to how the impugned orders were revisable - The only alternative remedy available is to challenge the impugned order u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent power of Court u/s 482 Cr.P.C. can be exercised as an exception and not as a rule - Three circumstances under which Court can exercise its inherent jurisdiction, are : (i) to give effect to an order under the Code; (ii) to prevent abuse of process of Court; (iii) to otherwise secure the ends..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Disproportionate assets - Quashing of proceedings - Income tax Commissioner and his family members were named in the final report u/s 173 Cr.P.C. - Matter investigated and charge-sheet submitted - Proceedings cannot be quashed on the ground that assets were declared..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Scope - High Court may exercise its power relating to cognizable offences to prevent abuse of process of any Court or otherwise to secure the ends of justice - High Court will not embark upon enquiry whether evidence is reliable or not - That is the function of Trial Court...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - No provision in Cr.P.C. authorising High Court to review its judgment passed either in exercise of its appellate or revisional or original criminal jurisdiction but such power can be exercised, in case, some typographical or clerical mistakes are there...........
Criminal Procedure Code, 1973, Section 362, 482 -- Inherent jurisdiction - In case, the matter is finally disposed of by Court, the said Court becomes functus officio and such cannot be altered except to correct a clerical or an arithmetical error - No Court can alter or review its judgment or final order after signing the same...........
Criminal Procedure Code, 1973, Section 362, 482 -- Inherent jurisdiction - Expunging remarks against petitioner in Judgment - Application has not been moved to correct any clerical or arithmetic error but for expunging the remarks made against the petitioner - Order has been upheld by Hon'ble Apex Court - However, keeping in view the conduct of petitioner during that..........
Criminal Procedure Code, 1973, Section 439, 482, Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Bail - Charge-sheet already filed - No chance to approach or tamper with the evidence - No chance to flee from trial as petitioner was working as Assistant General Manager in Reserve Bank of India - Petitioner infact not withdrawn any amount from Bank account..........
Indian Penal Code, 1860, Section 367, 467, 468, 195, 504, 506, 420, 383, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Quashing of FIR - Case registered against petitioners without referring the case for preliminary inquiry, without examining facts of case and nature of allegations and without ascertaining whether..........
