Indian Penal Code, 1860, Section 323, 324, 452, 506, 34 -- Offence u/ss 323, 324, 452, 506, 34 IPC - Property dispute between parties - Possibility of injuries being self inflicted not denied by doctor - Accused was not present at the place of incident at the relevant time as per their mobile location - Material variation between statements of complainant and CW2 -..........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Non-examination of sole eye witness - No reason given by prosecution as to why brother of deceased who is eye witness to incident not examined - There is no attempt to recover knife from accused, as it is specific case of prosecution that accused committed the offence by threatening to harm prosecutrix - Even, no..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Indian Penal Code, 1860, Section 307, 324, 342, 452, 149, 148, 147, 506 -- Attempt to murder - Quashing of FIR - Allegation that accused allegedly entered into the house of complainant and gave knife blows, not supported by any of villagers including neighbours of complainant - There is family dispute between two parties which resulted in filing of two cases by wife..........
Indian Penal Code, 1860, Section 452, 323 -- Offence u/ss 452, 323 IPC - Allegation against accused are of trespassing into bedroom of complainant and inflicting injuries to her - However, civil litigation between husband of complainant and accused with regard to house in question is pending - Present FIR is counter blast to the FIR lodged by accused against complainant -..........
Indian Penal Code, 1860, Section 307, 323, 326, 452, 506, 148, 149 -- Attempt to murder - Complaint lodged after 2 months from the incident - Explanation furnished for such delay not believable - Alleged eye witness of occurrence has stated that he had not seen the incident - Doctor who prepared MLR not examined - Accused did not have an opportunity to cross-examine said..........
Indian Penal Code, 1860, Section 354B, 354D, 452, 506, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of woman - Quashing of FIR - Specific allegations levelled by complainant against accused - Though complainant and accused are elderly persons, however, Court cannot draw any presumption of false implication of accused on basis of the same - False..........
Indian Penal Code, 1860, Section 379, 452, 504, 506, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 452, 504, 506, 147, 148, 149 IPC - Compromise - Quashing of proceedings - Entire dispute between parties compromised in 2022 - Case is pending since 2015 - Proceedings quashed on basis of compromise subject to deposit of exemplary cost of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452 -- Quashing of summoning order - House trespass - Incident of thrashing of victim by accused can be said to have taken place on road only - Summoning of accused u/s 452 IPC is out of record and is based on surmises and conjectures - Summoning order, charge sheet and entire proceedings u/s 452..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 452, 323, 324, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 307, 452, 323, 324, 148, 149 IPC - Matter has been compromised and complainant have no objection in case FIR is quashed - Statement of complainant and injured person have been made voluntarily without any fear, coercion or..........
