Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 506 -- Cheating - Forgery - Quashing of proceedings - Breach of contract - It is nowhere stated in complaint that there was any intention on part of accused to cheat or defraud at inception of contract - It is admitted that pursuant to agreement, two installments were paid and thereafter subsequent installments were..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 313, 420, 452, 504, 506 -- Discharge - Rape case - Prosecutrix willingly consented to having sexual intercourse with accused with whom she was deeply in love, not because he promised to marry her but because she also desired it - It cannot be therefore, hunt prudent mind that she has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 186, 332, 353, 120B, 504, 342, 506 -- Bail - Offence u/ss 186, 332, 353, 120-B, 504, 342, 506 Part II, 323, 34 IPC - Out of offences made out against petitioner only Ss.332, 353 IPC are no, bailable and punishable for a sentence upto three years and two years imprisonment respectively - No..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 504, 506 -- Withdrawal of complaint - Warrant case - Not permissible - Magistrate can discharge accused u/s 245(1) Cr.P.C. if upon taking evidence referred to in S.244 Cr.P.C. finds that no case against accused is made out...........
Indian Penal Code, 1860, Section 354A, 354B, 354C, 354D, 406, 506, 504 -- Summoning order - Offence u/ss 354-A, 354-B, 354-C, 354-D, 406, 506, 504 IPC - Allegations made by prosecutrix against accused in FIR supported by her statements u/ss 161, 164 Cr.P.C along with statement u/s 161 Cr.P.C of independent witnesses, by which they have given vivid description about nature..........
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..........
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..........
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..........
Indian Penal Code, 1860, Section 307, 504, 506 -- Attempt to murder - Compromise - Parties closely related to each other - Moreover, gunshot injury sustained by victim is on his no, vital part of body, which does not fall in the category of either attempt to murder or of heinous crime - Criminal prosecution against accused in such circumstances would be exercise in..........
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..........
