Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 -- Quashing of FIR - Compromise - Attempt to murder - Victim was attacked with a dangerous weapon i.e a knife - Injuries are such which would have caused death in ordinary circumstances - FIR cannot be quashed solely on the ground that parties have entered into a compromise - Petition for..........
Criminal Procedure Code, 1973, Section 482 -- Application u/s 482 Cr.P.C - Availability of alternative remedy u/s 397 Cr.P.C by itself cannot be a ground to dismiss application u/s 482 Cr.P.C - Application u/s 482 Cr.P.C is thus, maintainable, even without exhausting remedy u/s 397 Cr.P.C...........
Indian Penal Code, 1860, Section 306, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Deceased was in love with accused - There is no other material to show that accused was maintaining any relation with deceased - Merely because..........
Indian Penal Code, 1860, Section 366, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 366 IPC - Both the petitioners are major - Petitioner No.1 left her home with petitioner No.2 willingly and is living with him as a married woman - FIR quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Civil transactions may have a criminal texture - However, when civil dispute is given colour of criminal offence then proceedings have to be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Civil dispute - Only because a civil remedy is available may not be a ground to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Whether a complaint discloses criminal offence or not depends on nature of allegations and whether essential ingredients of a criminal offence are present or not has to be judged by High Court...........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - An order granting stay of arrest in a proceeding u/s 482 Cr.P.C. lies within the jurisdiction of High Court - However, grant of such relief must be after a judicious application of mind, which must emerge from the reasons which are recorded by the Judge...........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - In a proceeding u/s 482 Cr.P.C. - It lies within jurisdiction of High Court - Such relief must be after judicious application of mind which must reflect : (i) The nature and gravity of the allegations; (ii) The seriousness of the alleged offence(s); (iii) The position of the accused and the likelihood of their..........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - In a proceeding u/s 482 Cr.P.C. - Oral direction - Illegal - Issuing oral directions restraining arrest, does not form part of judicial record and must be eschewed...........
