Indian Penal Code, 1860, Section 376D, Criminal Procedure Code, 1973, Section 154 -- Gang rape - Delayed FIR - Prosecutrix claims that she has disclosed incident to her sister after 1 month from incident - However, FIR registered after delay of 3 months 9 days - No explanation given for waiting for another 2 months to approach police - This unusual and improbable conduct..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 506, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Murder - Petitioner though named in FIR but no role attributed to him - Co-accused already granted bail - Role attributed to petitioner is akin to that of co-accused and thus, treating the petitioner on same parity, he be released..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 419, 420, 465, 468, 471 -- Decree of divorce by mutual consent obtained by producing a lady other than wife - Anticipatory bail application by father in law of complainant - He is retired government servant and living separately from his son - Neither FIR reveals direct allegations against..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Mere delay itself cannot be regarded as fatal to prosecution case - However, there is a possibility of embellishment in prosecution version on account of such delay if prosecution fails to satisfactorily explain the delay...........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 30 -- Quashing of FIR - Arms licence cancelled due to non renewal - Delay in deposit of gun - Renewal of licence later on - It does not wash away the offence - However, FIR quashed as at this distance of time allowing prosecution to continue will only cause undue harassment to accused, particularly..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376D, 342, 506 -- Delayed FIR - Rape - Complaint made after delay of 22 days and it was admitted by prosecutrix that no threats were extended during that period - Even thereafter prosecutrix chose to approach lawyer first and not police and waited for another 3 days as lawyer was busy - First..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 506, 509, 354B -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 506, 509, 354-B IPC - Parties settled their dispute amicably - Accused tendered his unconditional apology in writing to complainant, which has been accepted by her - Complainant does not want to continue with..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Registered agreement to sell - Non compliance of agreement - Nature of dispute purely of civil nature - Case for specific performance already filed - Moreover, FIR was lodged prior to the date fixed for execution of registered sale deed - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 467, 468 -- Compromise - Offence u/ss 420, 467, 468 IPC - Offences are no, compoundable in nature - Serious allegation of impersonation and fake appointment order were mentioned in FIR - It was such a case which cannot be quashed by High Court - Impugned order of High Court quashing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 436, 34 -- Quashing of FIR - Offence u/ss 436, 34 IPC - Compromise arrived inter se parties - Court while exercising power vested in it u/s 482 Cr.P.C., deems, it fit to accept prayer made by counsel representing the accused - Offence compounded - Conviction and sentence set aside - FIR quashed...........
