Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511, 306, 498A, 406, 120B -- Anticipatory bail - Attempt to rape of daughter-in-law by father-in-law - Specific allegations levelled against accused by name which are quite grave and serious in nature - Young woman having lost her husband would not blame her father-in-law without any..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 354D, 506, 509, 34, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Quashing of FIR - Compromise - FIR cannot be quashed on the ground that victim after attaining majority has decided to compromise matter with accused - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 354A, 341, 323, 506, 509, 34 -- Quashing of FIR - Compromise - Offence u/ss 354, 354-A, 341, 323, 506, 509, 34 IPC - Oral settlement arrived at between parties - Matter has been settled amicably - Complainant has no objection if FIR is quashed - No useful purpose will be served in prosecuting..........
Indian Penal Code, 1860, Section 354, 323, 34 -- Outraging modesty of woman - Hurt - Eye witnesses stated that accused outraged the modesty of victim by removing her saree - Victim categorically asserted at trial that accused `U' removed her saree by force and other accused assaulted her - Other witnesses seen victim in her petticoat - Accused not only assaulted victim but..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 354, 452, 506 -- Benefit of probation - Outraging modesty of woman - Accused was less than 21 years of age on the date of occurrence and as on date 14 years have passed since his conviction and no other criminal case has been registered against him - Benefit of probation thus, extended to accused..........
Indian Penal Code, 1860, Section 376, 354, 506, 419, 467, 471, 474, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 419, 467, 471, 474, 376, 354, 506, 34 IPC - Compromise - Quashing of FIR - Petitioner Akhtar falsely represented himself as Shiva promised marriage and had physical relationship - Marriage certificate found to be fake and petitioner could not..........
Indian Penal Code, 1860, Section 376, 354, 323, 504, 506 -- Rape - Summoning of accused - Prima facie case for summoning of accused is made out - Statement of doctor along with statement of PW1 and PW2 who have categorically supported averments of complaint of commission of rape, is on record - Disputed defence cannot be looked at this stage nor can be basis for..........
Protection of Children from Sexual Offences Act, 2012, Section 8, Indian Penal Code, 1860, Section 354 -- Sexual assault or outraging modestly of woman - Nature of offence - Act of pressing of breast of child aged 12 years in absence of any specific detail as to whether top was removed or whether he inserted his hand inside top and pressed her breast, would not fall in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A, Information Technology Act, 2000, Section 66 -- Anticipatory bail - Accused circulated certain photographs of prosecutrix on social media - Fact of accused and prosecutrix known to each other does not entitle accused to misuse the social media and to circulate objectionable material -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354 -- Quashing of FIR - Maltreatment of wife by husband - In conciliation proceedings husband gave in writing that he will not maltreat wife again if she came back to live with him - This statement is virtually an admission of fact that husband maltreated wife - Allegations of..........