Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing of - The court cannot enter into determination of a disputed question of fact at that stage - However, it may take note of the allegations made in the complaint petition vis-a-vis the conduct of the parties...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A & 406 IPC - FIR lodged after six months of incident - Quashing of FIR - Family members of wife making all efforts to arrive at a settlement with husband - If a complaint had been filed during this period there was every possibility of not entering into any settlement..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 173(2), 482 -- Offence u/s 498-A & 406 IPC - Quashing of FIR - High Court obtaining report from Investigating Officer who reported that no case is made out - FIR quashed on that ground - Order of High Court set aside - Held, High Court is not entitled to consider investigation report before..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR or criminal proceeding - Principles governing : (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused; (2) Where the allegations in..........
Indian Penal Code, 1860, Section 292, Information Technology Act, 2000, Section 67 -- Sending of vulgar SMS on mobile phone - It is an offence u/s 67 IT Act and S.292 IPC - S.67 prohibits even transmission of such information if it is likely to be read by others - SMS sent on mobile phone of complainant who was certain to read it although it may not have been sent to him -..........
Service -- Withholding of increments with cumulative effect - A major penalty - Calls for regular enquiry - This having not been done, High Court was right in quashing the same as vitiated by non-observance of principles of natural justice and being without jurisdiction...........
Administrative Tribunals Act, 1985, Section 19 -- Karnataka Administrative Cadre and Recruitment Rules, 1986 - Locus standi - Promotion - Quashing of Rules - Jurisdiction - Promotion of stenographers affecting the Assistants since there was a confluence of the two streams leading to promotional posts - Administrative Tribunal took decision without notice to the Assistants..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Indian Penal Code, 1860, Section 498A - - Quashing of complaint - Allegation of cruelty - - There is no specific allegation against petitioner - The only allegation against petitioner is that she used to tell her friends that her brother had not accepted complainant as her Bhabhi - Complaint however, does not..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegations in FIR even if taken at their face value cannot be said not disclosing an offence - Petition to quash proceedings dismissed...........
Criminal Procedure Code, 1973, Section 167 -- Final police report - Quashing of order rejecting final report and summoning the accused to face trial - Cognizance taken without any reference to material evidence collected by I.O. - Opinion not expressed that prima facie case against accused is made out - Held, impugned order is illegal and set aside - CJM directed to pass..........
