Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Interference at the threshold with the FIR is to be in very exceptional circumstances...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A -- Quashing of FIR - Offence u/ss 406, 498-A IPC - Matter amicably settled between parties - FIR quashed - Even when offence is non compoundable Court can quash FIR on the basis of compromise between the parties...........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Director - Ex. Director of Company arrayed as co-accused - Ex. Direction filed petition for quashing of proceedings - Petitioner had no connection with the company at the time of issuance of cheque and when it bounced - Petition allowed -..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Allegations of misappropriation and cheating - Compromise arrived at between petitioner and Bank - Subject matter of dispute settled with bank - Held, it does not stand to reason to continue with criminal proceedings against petitioner which had commenced on the complaint filed on behalf of..........
Indian Penal Code, 1860, Section 420, 462, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Cognizance - Quashing of - Will alleged to be forged and fabricated - Dispute entirely civil in nature - Will registered - Will whether surrounded by suspicious circumstances or not to be determined in testamentary proceedings - Civil Court found it to be a prima facie..........
Prevention of Corruption Act, 1988, Section 2(c)(ix) -- Chairman and Chief Executive Officer of a Co-operative Bank - Come within the definition of 'public servant' - Order of High Court quashing charges framed under Prevention of Corruption Act by holding that they are not public servants, set aside and charges framed by trial Court restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of criminal proceedings - Plea that petitioners on account of alleged payment of money to M/s.KMF stood discharged of his liability qua cheque issued by them which was issued under an agreement entered into between petitioner with complainant and had..........
Criminal Procedure Code, 1973, Section 190, 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(viii), 3(1)(x) -- Criminal proceedings - Quashing of - There is no allegation against petitioner that he insulted or intimidated with intent to humiliate defacto-complainant who is a member of Scheduled Castes - Held, mere allegation..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 302, 120B, 34 -- Quashing of proceedings - Final report submitted and Magistrate taking cognizance - Police making further investigation - After investigation IO submitted parcha of case diary - Earlier order by which cognizance taken is not adversely affected - Accused can make use of such..........
Criminal Procedure Code, 1973, Section 482 -- On a plaint reading of FIR it cannot be said that prima facie no cognizable offence is disclosed or that there are any legal fetters on the conduct of the investigation - Final relief of quashing of FIR cannot be granted...........
