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SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 427, 447, 506(2), 34-- Quashing of proceedings - Attempt to murder - Allegations in complaint coupled with statements recorded by Magistrate, shows necessary ingredients of offences u/ss 307, 323, 427, 447, 506(2) r/w 34 IPC - Power to quash proceedings is generally exercised when there is no material to proceed against..........
DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 186, 353, 307, 482, 34, Arms Act, 1959, Section 27-- Framing of charge - Offence u/ss 186, 353, 307, 482, 34 IPC and S.27 Arms Act - As prosecution has failed to record statement of any police official that after surrender and arrest of petitioner in Court, he was identified by them as the person who had fired on them and had fled from the spot..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25- - Offence u/ss 307, 34 IPC and S.25 Arms Act - Retraction by injured in subsequent statement - Earlier injured narrated that gun shot was fired accidentally but subsequently it was stated that it was intentional - Considering the variance in the statement of injured and stage of trial, further..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 307, 323, 34, Criminal Procedure Code, 1973, Section 320, 482-- Quashing of FIR - Compromise - Offence u/s 307, 323, 34 IPC and Ss.25, 27 Arms Act - There is fire arm injury on the calf and invocation of S.307 is debatable on said issue - Moreover, continuation of criminal proceedings between parties would be abuse of process of law - FIR quashed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 506, 382, 148, 149, 326, 379B-- Bail - Offence u/ss 307, 323, 324, 506, 382, 148, 149, 326, 379-B IPC - As per the case of complainant, only injury attributed to petitioner is on no, vital part - None of the injury caused to complainant has been declared to be dangerous to life - Even, trial has already been started and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 307, 452, 427, Criminal Procedure Code, 1973, Section 320, 482-- Offence u/s 307, 452, 427 IPC and S.27 Arms Act - Compromise - No injury resulted from the shots which were allegedly fired from licensed pistol - Thus, continuation of criminal proceedings between parties would be abuse of process of law - FIR quashed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 506, 148, 149, Arms Act, 1959, Section 25, 27-- Bail - Offence u/ss 307, 336, 506, 148, 149 IPC and Ss.25, 27 Arms Act - As per allegations, a gun shot was fired by accused, however, no injury was caused to complainant or anyone else - Moreover, parties have already compromised the matter - Even, no useful purpose will be served by detaining..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 307, 458, 323, 143, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V), Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Compromise - Offence u/ss 307, 458, 323, 143 IPC and S.3(2)(V) SC/ST Act - Medical opinion that three injuries were not dangerous to life - I.O. found offence u/s 308 IPC - Compromise allowed - FIR quashed...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 325, Criminal Procedure Code, 1973, Section 320-- Compromise during pendency of appeal filed against order of High Court whereby conviction was modified from S.307 IPC to S.325 IPC - Legal representative can compound the offence with consent of Court when person who was otherwise competent to compound the offence is dead - Compromise entered into..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 325, Criminal Procedure Code, 1973, Section 320-- Compromise during pendency of appeal filed against order of High Court whereby conviction was modified from S.307 IPC to S.325 IPC - Legal representative can compound the offence with consent of Court when person who was otherwise competent to compound the offence is dead - Compromise entered into..........

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