Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Magistrate while passing summoning order considered complaint, affidavit of complainant and other documents - Magistrate did not refer provision of S.143 of the Act - Held, it is not a ground to say that Magistrate has not..........
Customs Act, 1962, Section 142(1), Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Deficient of goods placed in custody of appellant by Customs department - Since appellant is willing to deposit amount of compensation along with interest in lieu of deficiency of goods - Therefore, ends of justice would be met - Proceedings quashed...........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A, 34 IPC - Quashing of proceedings - FIR against husband and his parents - Allegation that wife was harassed for dowry which amounted to cruelty - Reading of complaint, it cannot be held that even if allegations are taken as proved no case is made out - Question..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If allegations are absurd or do not make out any case or if it can be held that there is abuse of process of law, the proceedings can be quashed but if there is a triable case Court does not go into reliability or otherwise of the version or the counter version - In matrimonial cases, Courts have to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251 -- Dishonour of cheque - Quashing - Quashing of complaint and summoning order - Notice u/s 251 CrPC not yet framed - Petitioner has alternate and efficacious remedy available to urge pleas before trial court during framing of notice u/s 251 CrPC - Inherent powers u/s 482 CrPCnot..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251 -- Dishonour of cheque - Exemption from personal appearance - Till arguments on point of framing of notice u/s 251 CrPC are concluded, personal appearance of petitioner may be dispensed with on filing of appropriate application - Delaying proceedings before trial court will take..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Quashing of FIR - FIR against A2 already quashed - Petitioner never resided with the complainant or with the accused - FIR quashed...........
Criminal Procedure Code, 1973, Section 173(8), 482 -- Dowry death - Further investigation - Charge-sheet filed after 3 years - Quashing of order taking cognizance - Investigation against petitioners kept pending u/s 173(8) Cr.P.C. - Charge sheet failed after a lapse of three years - No material was collected before filing of charge sheet - Even interrogation was not made..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of proceedings - Relatives of husband - When only a casual reference is made to the relatives of husband and there is absence of specific allegations of active involvement in the matter and when allegations made are omnibus and vague..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Vague and general allegations against petitioners - Petitioners are distantly related to husband of respondent No.2 - No averment in the petition nor any material placed on record to show that petitioners are having or had any domestic..........
