Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Fabrication of records - Quashing of FIR - Question whether accused was involved in fabricating official documents by misusing his official position as a public servant is a matter of trial - High Court was not justified in quashing complaint as well as charge sheet in its entirety when there are two..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 504, 506 -- Quashing of proceedings - Cheating - Mere fact that allegations also make out existence of civil dispute would not be a ground to quash criminal proceedings when allegations clearly make out commission of cognizable offences by accused - Correctness of allegations will be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding an application u/s 482 Cr.P.C, High Court cannot examine that allegations leveled in the FIR are false...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding an application u/s 482 Cr.P.C, High Court cannot examine contention of accused regarding false implication, as that will be decided by trial Court after parties have availed opportunity to lead their respective evidence...........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Prohibition of Child Marriage Act, 2006, Section 9 -- Rape - Quashing of proceedings - Accused is alleged to have married a minor girl/victim - Correct date of birth of victim is yet to be ascertained - Even if victim is found to be below 18 years at the time of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Falsehood in the complaint with reference to the addresses of accused - Mentioning of addresses as `Sector 20, Gautam Budh Nagar' whereas not only the appellants but also other accused were found to be residents of New Delhi - Complainant having misused the legal system by lodging false and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Concealing of material facts which were within knowledge of complainant at the time of filing complaint - Non disclosure of relevant facts which was deliberate and mischievous attempt on the part of complainant to maliciously initiate criminal proceedings for ulterior motives - FIR qua appellants..........
Indian Penal Code, 1860, Section 420, 406, 415, 418, 120B -- Cheating - Quashing of proceedings - Dispute regarding sale transaction between parties - There was no allegation of deception and intention to cheat complainant from the inception of transaction - Question of criminal misappropriation does not arise - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Non disclosure of reply to the legal notice - Complainant denied factum of receipt of reply - Liberty is given to accused to raise all the pleas before trial Court - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Issue that cheque was based upon a contingent condition - To be proved by leading cogent evidence by both the parties - High Court merely upon reading the conditions attached with invoice cannot conclude that other conditions which accused is required to fulfill have been..........
