Indian Penal Code, 1860, Section 498A, 506, 323, 406, 34 -- Offence u/ss 498-A, 506, 323, 406, 34 IPC - Husband and wife compromised the matter - Proceedings quashed against distant relative of husband and wife...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 452, 506, 323, 34 -- Bail - Rape - Victim was not alone in the house on the date of incident and her daughter-in-law was sleeping on ground floor - No hue and cries made by victim - Story put forth by victim is highly improbable, as medical evidence does not support prosecution case - Victim..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 427, 34, Arms Act, 1959, Section 27 -- Quashing of proceedings - Offence u/ss 341, 323, 324, 427, 34 IPC and S.27 of Arms Act - Merely because co-accused was acquitted, Court cannot ignore evidence against absconding accused and jump to same conclusion as in case of co-accused...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 427, 34, Arms Act, 1959, Section 27 -- Quashing of proceedings - Offence u/ss 341, 323, 324, 427, 34 IPC and S.27 of Arms Act - Investigation is not yet complete against accused and final report is not yet filed - There is possibility of further evidence being gathered against..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 452, 147, 149, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 452, 147, 149, 504, 506 IPC - Compromise arrived at between parties - There is no major issue between family members regarding dispute - Complaint filed exactly 35 years back in 1985 - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 406 -- Quashing of proceedings - Compromise - Offence u/ss 323, 504, 506, 406 IPC - Parties entered into compromise - Dispute is in the realm of petty dispute, as there is no element of morality or public damage at large - Proceedings quashed...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 307, 323, 504, 506 -- Juvenile - Bail - Attempt to murder - All adult accused have been admitted to bail including co-accused, who is credited with role of assault with a knife - No positive material on the basis of which it may be inferred that in the event of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 341, 323, 148, 149 -- Anticipatory bail - Attempt to murder - FIR contains facts that main accused was accompanied by four other persons and when he was arrested he named petitioners, who are his relatives - Such statement can certainly be taken into consideration for providing lead in..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 18, 18A, Indian Penal Code, 1860, Section 307, 354B, 323, 324, 504, 149, 143, 147, 148 -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.307, 354-B, 323, 324, 504, 149, 143, 147, 148 IPC - No specific abuse..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 326, 341, 148, 149, 506 -- Bail - Attempt to murder - Injury caused by sword blow on left arm of injured by accused cannot be said to be an injury dangerous to life - Accused is active in village politics and thus his wrongful inclusion in FIR cannot be ruled out - Trial is not..........