Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Parties amicably settled the dispute - Complainant does not want to pursue the matter further - FIR and all criminal proceedings emanating therefrom quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Delay in trial - Investigating agency took about eleven years to finalize investigation - Matter remained pending for charge for about four years in Court of Magistrate - Prosecution failed to examine any witness for about eight years - No reason has been assigned as to why witnesses were not..........
Criminal Procedure Code, 1973, Section 482 -..........
Criminal Procedure Code, 1973, Section 256, 482 -- Absence of complaint - Rejection of application filed by accused u/s 256 Cr.P.C. - Legality - Order of Magistrate does not contain any reason whatsoever as to what were the reasons which made it proper to adjourn hearing of the case instead of dismissing on account of absence of complainant -Revisional Court has itself..........
Criminal Procedure Code, 1973, Section 195(1)(a), 482, Indian Penal Code, 1860, Section 188 -- Order passed by public servant - Disobedience of - Cognizance of offence - Tehsildar submitted a report to Town Inspector, who appears to have forwarded the report to Police Station leading to registration of criminal case u/s 188 of IPC - Police proceeded to investigate the..........
Criminal Procedure Code, 1973, Section 482 -- Availability of an alternative remedy of appeal is not an absolute bar in entertaining a petition u/s 482 of the Code - Trial Court dismissed complaint on a technical ground - Interest of justice require High Court to exercise its jurisdiction to set aside such an order so that trial Court could proceed with the trial on..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - Scope and ambit - Held, powers of High Court though very wide but should be exercised in appropriate cases, ex debito justitiae to do real and substantial justice for administration of which alone Courts exist - Inherent power do not confer an arbitrary jurisdiction to act according to whim or..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 468, 471, 467 -- Quashing of proceedings - FIR lodged in 1990 - Cognizance taken in 2000 - Held, manner of investigation spreading over a period of ten years - Initiation of proceeding is an abuse and misuse of process of Court - Any action if allowed to continue would result in great..........
Criminal Procedure Code, 1973, Section 482 -- Summoning order - Remedy available - Held, only remedy available to accused persons against summoning order is to move High Court in the proceedings u/s 482 CrPC - Magistrate is not empowered to recall order issuing process against accused and only remedy available to accused against summoning order is to invoke jurisdiction of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Accused availed loan of more than Rs.175 Crores and towards the discharge of their partial liability two cheques have been given by second petitioner on behalf of first petitioner company for Rs.30 Crores - Further, on the date of..........
