Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 482, 320 -- Offence u/s 377 IPC and S.4 of POCSO Act - Non compoundable offences - Amicable settlement - While exercising power u/s 482 Cr.P.C. to quash criminal proceedings for non compoundable offences on the basis of compromise,..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6, Prohibition of Child Marriage Act, 2006, Section 9 -- Run-away marriage - Quashing of proceedings - Accused and victim were in love with each other and they decided to get married - Both eloped from their respective homes, got married and consummated marriage - Offences..........
Criminal Procedure Code, 1973, Section 344, 482 -- Giving false evidence - Show cause notice - Notice issued to accused for purpose of giving them an opportunity of showing cause - Court was not required to give elaborate reasons for its satisfaction for proceeding summarily to try witnesses for giving false evidence - At this stage Court of Sessions or Magistrate is only..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Compromise arrived at between parties in proceedings u/s 138 of N.I. Act - Complainant withdrew his complaint and petitioner discharged on the basis of compromise - In such..........
Criminal Procedure Code, 1973, Section 125 -- Non payment of interim maintenance - Defence cannot be struck off in proceedings u/s 125 Cr.P.C...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Application u/s 12 of Act of 2005 - Quashing of proceedings - An application u/s 482 Cr.P.C. does not lie to quash an application filed u/s 12 of Act of 2005...........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85, Arms Act, 1959, Section 25, 54, 59 -- Transfer of investigation to CBI - Recovery of Heroin and arms - Report of Special Director General of Police shows that police officials while investigating case committed offence u/s 58 of NDPS Act, which..........
Constitution of India, 1950, Article 311 -- Reinstatement of service - Exoneration from allegations in disciplinary proceedings - Petitioner claiming grant of full salary for period he remained out of service as duty period - Order of dismissal of service passed immediately upon filing of FIR - There were no criminal proceedings pending against petitioner even at time he..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance in a petition filed u/s 125 Cr.P.C. - Interim maintenance is subject to final adjudication of main petition and it is only provisional maintenance which is subject to final determination to be made on conclusion of the proceedings - Petition to quash order granting interim maintenance, dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wrong mentioning of date of marriage in application - Such type of error cannot be given much importance in proceedings u/s 125 Cr.P.C, as such error may crept in due to lapse of time or by mistake...........