Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Forged and fabricated agreement to sell - Quashing of FIR - Agreement to sell in question shows that there is no visible cutting/alteration at any place - FIR is a pure tactic to escape from civil liability of executing and registering sale deed in favour of petitioners, especially in light of the fact..........
Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Petitioner alleged that subject matter of FIR is also subject matter of arbitration proceedings in which compensation has been provided to respondent-3 for value of damaged goods - However, respondent-3 may have been granted..........
Indian Penal Code, 1860, Section 420, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Cheating - Quashing of proceedings - Matter is essentially of civil nature and is liable to be settled on the basis of evidence of parties in civil proceedings - No case of cheating appears to be made out against applicant - Criminal prosecution is nothing but an abuse of..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations against appellants are that they entered into a conspiracy with other individuals to fabricate a forged Will after death of testator that was then used to circumvent sale deed - Neither any criminal breach of trust nor any..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere existence of a civil dispute between parties would not give rise to a ground for quashing of an order summoning an accused, after taking into consideration the statements of PW1 and PW2 which made out a case for summoning applicant...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Pendency of civil suit - The pendency of civil proceedings on the same subject matter, involving the same parties is no justification to quash the criminal proceedings if a prima facie case exist against the accused persons...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute involved is primarily of civil nature - Aggrieved party if any, would have been Bank which has no grievance against appellants - Further, no loss has been caused to Bank as is apparent from calculations presented by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 506 -- Quashing of proceedings - Offence u/ss 448, 506 IPC - Long standing civil dispute between parties - Respondent No.2 is in the habit of filing false cases against appellants and his family members - Allegations in the FIR are totally absurd - When respondent No.2 has not filed any suit,..........
Indian Penal Code, 1860, Section 447, 457, 341 -- Offence u/ss 447, 457, 341 IPC - Quashing of proceedings - Entire case is based upon allegation that petitioners have trespassed into his share of house in question - Co-sharers in a disputed property cannot be said to have committed theft or criminal trespass - Petitioners cannot be held liable for any of offences..........
Indian Penal Code, 1860, Section 354(A), 354(B), 376, 323, 506, 34, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 354(A), 354(B), 376, 323, 506, 34, 498-A IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - There was delay of at least four months in lodging FIR - Apart from the verbal allegations, there is nothing on record to connect petitioners with the..........
