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SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 245, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 379, 504-- Discharge - Offence u/ss 498-A, 323, 406, 379, 504 IPC - Complainant filed complaint against her i, laws - Discharge application of accused dismissed by Magistrate and quashing petition against the same also dismissed by High Court - No good grounds found to interfere in impugned orders - Remedy..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 307, 147, 148, 323, 504, 149-- Attempt to murder - Quantum of sentence - Punishment as ordered by High Court is too low - However, having regard to fact that accused already undergone some period in jail and taking note of fact that incident occurred in the year 2007 and since parties have purchased peace, no further sentence..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Summoning of additional accused - Offence u/ss 323, 504, 506 IPC and S.3(1)(x) of SC/ST Act - Complainant suffered only one bone injury that too by co-accused - Role of beating by kicks and fists is assigned to petitioner but no such injury was found on the body of complainant - Incident occurred..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 451, 323, 341, 382, 147, 149, 504, 506-- Quashing of FIR - Compromise - Offence u/ss 451, 323, 341, 382, 147, 149, 504, 506 IPC - Parties resolved to settle their dispute amicably and accordingly entered into a compromise - Both the parties categorically stated on oath that to maintain cordial relations with each other they resolved to..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 323, 504, 506-- Offence u/s 3(1)(x) of the Act - Two persons came out of house and physically assaulted victim and one of whom used word indicating caste - Informant was not sure as to who uttered word in question - Circumstances as detailed by prosecution do not lead to draw an inevitable conclusion that word..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504, 323, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi)-- Quashing of FIR - Sanction for prosecution not taken - Offence u/ss 504, 323 120-B, S.3(1)(xi) of SC/ST Act - Petitioners are police officers, allowing prosecution of petitioners without procuring mandatory prosecution sanction u/s 197 Cr.P.C. is absolutely impermissible - More so, significant..........
PATNA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 504, 427-- Sanction for prosecution - Offence u/ss 323, 504, 427 IPC - Accused a public servant at relevant time, as he was holding post of District Programme Officer - He was deputed in premises of District Magistrate in connection with `Janta Darbar' and was performing his duty on date of incident -..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 452, 323, 504, 506-- Summoning of additional accused - Offence u/ss 452, 323, 504, 506 IPC - No allegations on record against proposed accused except that they also have said to entered the house of complainant but not armed with any weapon - Even complainant has not made any whisper that any weapons were found in the..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 326A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Quashing of proceedings - Offence u/ss 498-A, 326-A, 323, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Applicant is a minor sister-in-law of first informant - Witnesses of fact turned hostile - Rest of accused including husband of first informant already acquitted - There are bleak chances..........
PATNA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 341, 323, 324, 307, 337, 338, 387, 504, 506-- Summoning of additional accused - Offence u/ss 341, 323, 324, 307, 337, 338, 387, 504, 506 IPC - Petitioners summoned only because victim named them along with others - But no overt act is attributed against petitioners - Specific allegation of causing injury to informant is against father of..........

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