Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354, 511, 376 -- Delay in lodging FIR - Offence u/ss 354, 511, 376 IPC - Husband of prosecutrix was staying far from prosecutrix - Subsequent to incident, prosecutrix first travelled to meet her husband and after narrating the incident to him, she further travelled to register a complaint before..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 320 -- Compromise - FIR u/s 307 IPC - Injury not caused to anyone in the incident - Even offence u/s 307 IPC can be quashed on the basis of compromise...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 304B, 34 -- Bail - Offence u/ss 302, 498-A, 304-B, 34 IPC - Deceased died because of hanging after more than 5 years of marriage - Postmortem report nowhere indicates any injury on her person, which is sufficient to establish that she died because of hanging - Even, attached medical..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Breach of contractual obligation normally do not give rise to criminal offence - Civil dispute between parties is sought to be converted into a criminal case - FIR and all subsequent proceedings qua petitioners quashed...........
Criminal Procedure Code, 1973, Section 156(3) -- Provision of S.156(3) Cr.P.C. primarily comes into operation only when SHO and SP fail to register an FIR, despite allegations prima facie disclosing commission of a cognizable offence or Judicial Magistrate, not being satisfied with the investigation, explicitly directs further investigation. (Para 6(d). (ii) Criminal..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Abetment of suicide - Cruelty - Allegation of harassment on account of demand of dowry and beatings given by accused to deceased though levelled in FIR, however, it remains unexplained as to why in case deceased was harassed in this manner since 2010, her..........
Indian Penal Code, 1860, Section 376, 380, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Marriage between accused and prosecutrix - Even if parties settled their matter and have entered into a matrimonial alliance, offence in question cannot be quashed in exercise of power vested in Court u/s 482 Cr.P.C - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 173(2) -- Final Report - When on consideration of report made by Officer incharge of a police station u/s.173(2)(i)(g) of Cr.P.C. if Magistrate is not inclined to take cognizance of offence or that Magistrate decides not to take cognizance of offence or takes a view that there is no sufficient ground for proceeding against some of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366 -- Quashing of FIR - Compromise - Offence u/s 366 IPC - Parties have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - No useful purpose would be served by keeping criminal proceedings pending - FIR quashed...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(x) -- Anticipatory bail - Bar u/s 18 of SC/ST Act - Offence u/s 3(1)(x) of SC/ST Act - There is no impediment to perceive that in spite of bar u/s 18 of SC/ST Act, for invocation of powers u/s 438 Cr.P.C, it is still open to Court to find..........
