Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 201, 118 -- Discharge - Murder - Complainant in complaint has not named accused as perpetrator of offence rather she stated that she suspects foul play - I.O has not brought even prima facie material in charge sheet as to what was the motive on the part of accused to commit alleged..........
Criminal Procedure Code, 1973, Section 482 -- Investigation - Stay - Grant of any stay of investigation and/or any interim relief while exercising powers u/s 482 Cr.P.C. would be only in the rarest of rare case...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Financial settlement - FIR u/s 306 IPC cannot be quashed on basis of any financial settlement with informant, surviving spouse, parents, children, guardians, care givers or anyone else...........
Criminal Procedure Code, 1973, Section 482 -- Withdrawal of complaint - Non-compoundable offence - Informant has no right in law to withdraw complaint of a non-compoundable offence of a grave, serious and/or heinous nature which impacts society...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where victim and offender have compromised disputes essentially civil and personal in nature, High Court can exercise its power u/s 482 Cr.P.C to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Heinous or serious crimes, which are not private in nature and have a serious impact on society cannot be quashed on basis of a compromise between offender and complainant and/or victim...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - In exercise of power u/s 482 Cr.P.C, Court does not examine correctness of allegation in complaint except in exceptionally rare cases where it is patently clear that allegations are frivolous or do not disclose any offence...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 147, 148, 149, 352, 323, 306, 504, 506 -- Anticipatory bail - Offence u/ss 147, 148, 149, 352, 323, 306, 504 & 506 IPC - Grant of anticipatory bail in a heinous case on the basis of CCTV footage produced by accused, without any kind of certification and/or authentication, ignoring the materials on..........
Indian Penal Code, 1860, Section 376, 420, Criminal Procedure Code, 1973, Section 482 -- Rape - Consensual physical relationship on an assurance of marriage for a considerable period of time - For some reason, the parties fell apart - It can happen both before or after marriage - Complaint filed after three years - Permitting further proceedings under FIR would amount to..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - High Court set aside order of discharge and remitted the matter to trial Court - No reasoning given by High Court - Impugned order set aside - Matter remitted to High Court for decision afresh...........
