Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 323, 506, 387, 452, 327 -- Compromise - Offence u/ss 323, 506, 387, 452, 327 IPC - Compromise allowed for offence u/ss 323, 506 IPC - However, trial Court refused to attest compromise for offence u/ss 387, 452, 327 IPC as same are not compoundable - Since there is no possibility of conviction..........
Indian Penal Code, 1860, Section 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Offence u/s 506 IPC and S.3 of SC/ST Act - Quashing of FIR - FIR in question is counter blast of earlier FIR filed by petitioner against one `D' for molestation and complainant in present case is peon working in office of said `D' - Present FIR is..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 364, 506, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Bail - Offence u/ss.364, 506 IPC and S.6 POCSO Act - While declining bail application, relevant provision has not been considered by both Courts below as in accordance with S.12 of Juvenile..........
Indian Penal Code, 1860, Section 407, 504, 506 -- Offence u/ss 407, 504, 506 IPC - Property dispute between parties - Allegation that accused tried to take forcibly possession over disputed land and when resisted he abused complainant - However, PW1 not supported version of complaint and has back tracked from his statement u/s 244 Cr.P.C - Even statement of complainant was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 204, 328, 384, 506 -- Bail - Offence u/ss 376(2)(n), 204, 328, 384, 506 IPC - Variation in FIR version and statement recorded u/s 164 Cr.P.C., therefore culpability of petitioner yet to be established during course of trial - Bail granted...........
Indian Penal Code, 1860, Section 323, 506 -- Offence u/ss 323, 506 IPC - Vague and unsubstantiated allegations of assault and threat levelled against accused by complainant without specifying time, date or even place where such acts were committed - No medical evidence on record nor any corroborative evidence to attract culpability of any of accused - Complainant not even..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451, 323, 506, 34 -- Quashing of FIR - Offence u/ss 354, 451, 323, 506, 34 IPC - Compromise - Offences u/ss 354, 451 IPC not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Illegal encroachment and land grabbing - Civil suit pending regarding registration as well as before Revenue Court regarding mutation - Till adjudication of civil suit and revenue proceedings, summoning of accused cannot be ordered - Summoning order set aside - Matter remitted for decision afresh...........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 293 -- Rape of daughter by her own father - Scientific evidence - DNA profiling - There was strong possibility of presence of traces of DNA profiling on bed sheet, as being father and daughter - However, it is not mentioned in report that these DNA profiling were obtained from semen on bed..........
Indian Penal Code, 1860, Section 376, 506 -- Rape of daughter by her own father - Testimony of prosecutrix - There are discrepancies, inconsistencies and contradictions in testimony of prosecutrix - Medical evidence also not supported her version - No sign of any injury over body of prosecutrix was found - It is evidently clear from evidence on record that it was not her..........