Indian Penal Code, 1860, Section 365, 458, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 365, 458, 148, 149 IPC - Compromise - Quashing of FIR - Matter between parties amicably settled - Offences in question though non-compoundable, however, prosecution qua non-compoundable offences can be closed by quashing FIR and consequent proceedings - FIR along..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 324, 347, 385, 386, 143, 147, 148, 149, 427, 504, 506, 120B -- Bail - Attempt to murder - Role attributed to accused is that of being a prime conspirator - Existence of conspiracy and nexus between accused and assailants are matters for evidence and trial - Fact that informant and..........
Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Offence u/ss 307, 147, 148, 149 IPC - Quashing of proceedings - Nature of injury is essentially simple in nature - All the four injured persons have turned hostile - If the trial continues, it would be difficult to ascertain as to who out of five accused had caused injury on the head - Proceedings quashed...........
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..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Conviction based basically on the testimony of P.W.6 - Evidence of witnesses amply clear that P.W.6 could not have witnessed the incident - Medical evidence cannot be used to corroborate that P.W.6 had witnessed the incident - Only because motive is established, conviction cannot be sustained - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 341, 379A, 379B, 120B, 149, 147 -- Bail - Compromise - Offence u/ss 323, 365, 341, 379-A, 379-B, 120-B IPC - Petitioner was not named in the FIR but he was named by victim in a statement recorded u/s 164 Cr.P.C - Evidentiary value of such statement would be subject matter of trial - It..........
Indian Penal Code, 1860, Section 302, 149, 148, Arms Act, 1959, Section 25, 27 -- Murder - Presence of accused established all through which was referred to in FIR and in the evidence of all concerned eye witnesses - Eye witness account shows participation of accused in the initial scuffle in which deceased were pushed as well as in the exhortation - Evidence of eye..........
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..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 148, 149, 427, 120B, Arms Act, 1959, Section 25, 27 -- Bail - Attempt to murder - Petitioner regularly appearing before trial Court, but till date, not even a single PW has been examined - Although petitioner is facing three other cases, but he is on bail in all of them - Sending..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 148, 149 -- Framing of charge - Essential ingredient of presence of more than five persons, present at the site, is fulfilled as stated in FIR and parcha bayan - Framing of charges, justified...........
