Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 323, 504, 506 -- Delayed FIR - Rape case - Informant stated that he moved a written application but his report was not lodged - Even prosecutrix and her mother also stated that they went to police station to lodge report but her report was not lodged - However, neither copies of such..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 452 -- Quashing of proceedings - Summoning of accused - Offence u/ss 323, 504, 506, 452 IPC - Magistrate while passing summoning order neither made any discussion of facts nor considered as to what overt act allegedly committed by accused - Impugned order of summoning accused..........
Criminal Procedure Code, 1973, Section 190(1)(b), 482, Indian Penal Code, 1860, Section 147, 323, 504, 506, 452 -- Cognizance of offence - Offence u/ss 147, 323, 504, 506 & 452 IPC - Accused not summoned for the offence u/s 506 IPC - This in itself shows application of mind - No ground to quash proceedings...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, 323, 504 -- Bail - Offence u/ss 304, 323 & 504 IPC - Incident occurred due to simple quarrel and simple marpeet which resulted into death of one person - Deceased received three injuries out of which two are simple and only one injury caused internal damage - Prosecution failed to establish..........
Indian Penal Code, 1860, Section 307, 323, 504, 506, Criminal Procedure Code, 1973, Section 320 -- Attempt to murder - Compounding of offence - Offence u/s 307 IPC is no, compoundable whereas other alleged offences are compoundable - Permission can be granted to injured persons to compound the offence punishable u/s 307 IPC along with other offences as injured persons have..........
Indian Penal Code, 1860, Section 498A, 323, 504, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Specific allegations of cruelty and harassment on account of not bringing sufficient dowry against husband and uncle (mausa) of victim - Accused uncle performed Kanyadan, it cannot be said that prima facie he had no role to play in the alleged..........
Indian Penal Code, 1860, Section 498A, 323, 504, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of complaint - Specific allegations against husband and father-i, law - Proceedings against them to continue - However, since there are no specific allegations against Jeth and dewar, as such proceedings against them quashed...........
Indian Penal Code, 1860, Section 323, 504, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Accused persons alleged to have used caste remarks, caused insult to informant and threatened him with dire consequences - Offences punishable..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Compromise in an offence u/ss 323, 504, 506 IPC and S.3(1)(x) SC/ST Act - Complainant seeking withdrawal of the case is indication that continuance of such proceedings would be unnecessary..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Bald allegation against appellants by complainant - Neither FIR nor charge-sheet furnished legal basis for Magistrate to take cognizance of offence alleged against appellants - Held, in criminal case arising..........