Indian Penal Code, 1860, Section 420, 468, 471, 504, 506, 120B -- Cheating - Quashing of FIR - FIR in question is a counter blast to complaint of petitioner lodged with malafide intention to harass petitioner - Allegations levelled in the FIR are not supported by any linked evidence - Only allegation made against petitioner in FIR is the date of birth was wrongly mentioned..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 462, 206, 217, 34, 37, 120B -- Quashing of FIR - Cheating - Nothing on record to show that appellant/bank or its staff members had dishonestly induced someone deceived to deliver any property to any person, and that mens rea existed at the time of such inducement - Ingredients to..........
Indian Penal Code, 1860, Section 376, 313 -- Rape - Quashing of proceedings - Delay of more than 5 years in registering FIR - Complainant revealed that she and appellant lived for a long period as husband and wife - No material on record as per FIR and facts and circumstances of case that complainant had given her consent for sexual relationship with appellant under..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Correctness of the allegations is not to be tested at the stage of considering an application for quashing...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - When FIR alleges a dishonest conduct on the part of accused which if supported by materials would disclose commission of a cognizable offence, investigation should not be thwarted by quashing the FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court ought to have considered the materials collected during investigation before taking a call on the prayer for quashing of FIR, cognizance order and the proceedings pursuance thereof...........
Indian Penal Code, 1860, Section 34 -- Common intention - Appellant remains the sole accused after the acquittal of other accused with a finding that there was nothing in the FIR or statement u/s 161 Cr.P.C to sustain the charge u/s 34 IPC against them - There could be no charge u/s 34 IPC against appellant - Appellant acquitted u/s 34 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased died due to injuries sustained by firing of bullet - PW1 and PW2 clearly demonstrated in their deposition that accused were having weapons and on exhortation by other accused, appellant shot the deceased - Source of light in the scene of crime was explained by PW2 in his evidence - Evidence of PW3 proved that..........
Indian Penal Code, 1860, Section 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 506, 120-B IPC - Contents of FIR speaks about insult or intimidation - FIR cannot be quashed...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - There is clear averments in FIR that marriage between accused and deceased has taken place - At the time of incident, deceased was residing with accused - Even otherwise, question as to whether deceased was legally..........
