Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 33, Indian Penal Code, 1860, Section 376, 328, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 376/328 IPC and Ss.3/33 SCST Act - Prosecutrix and accused were under 18 years of age at the time of commission of offence - Matter compromised between parties in presence of..........
Indian Penal Code, 1860, Section 353, 186, Criminal Procedure Code, 1973, Section 320, 482 -- Compoundable offence - Accused committed offence punishable u/ss 353 and 186 IPC - Trial Court framed the charges against the accused to face trial - Parties compromised - High Court has unlimited power u/s 482 Cr.P.C to quash the criminal proceedings - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused cheated Bank by obtaining loan against equitable mortgage of property under fake identity - Charge-sheet submitted against accused as well as against petitioner/employees of Bank, who were also charged for offences falling within Criminal trappings of Ss.468, 471, 420 IPC - Allegations against..........
Criminal Procedure Code, 1973, Section 320(5), 482, Indian Penal Code, 1860, Section 406 -- Appeal against conviction - Parties compromised during pendency of appeal - Quashing of proceedings - Held, once the accused had availed the statutory remedy of appeal for setting aside the judgment of conviction and order of sentence, then the petition u/s 482 of the Cr.P.C. for..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(c), 6, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302 -- Parole - Petitioner was convicted and sentenced to undergo life imprisonment u/s 302 IPC - Petition for grant of agricultural parole for six weeks u/s 3(1)(c) - Commissioner held that convict may commit any..........
Criminal Procedure Code, 1973, Section 482 -- FIR lodged against petitioner for offences u/s 379 and 427 IPC - FIR found false during investigation by police - Police report submitted against informant u/s 182 and 211 of the Code and cognizance taken - Held, once Magistrate had taken cognizance against informant for filing false case, it is not fair to allow prosecution of..........
Indian Penal Code, 1860, Section 341, 324, 34, Criminal Procedure Code, 1973, Section 482, 320 -- Non-compoundable office - Compounding of - Inherent powers of High Court - Held, there is no statutory bar under Cr.P.C. which can affect inherent power of High Court u/s 482 Cr.P.C. - High Court has wide power to quash proceedings even in no, compoundable offences..........
Criminal Procedure Code, 1973, Section 482, 468, Indian Penal Code, 1860, Section 447, 511 -- Criminal trespass - Limitation for taking cognizance - Occurrence took place on 02.05.2006 - Challan was presented on 21.08.2007 - Offence is punishable with imprisonment of three months or Rs.500/- as fine or both - Held, in view of S.468(2) clause (b) of Cr.P.C., cognizance can..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471 -- Compromise between parties - Offence u/ss 419, 420, 467, 468 & 471 IPC - Complainant himself does not want to pursue the matter any further - Criminal proceedings must come to an end - Criminal proceedings quashed...........
Indian Penal Code, 1860, Section 420, 494, 109, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Wife performed second marriage with co-accused during life time of her first husband without getting divorce - FIR lodged against wife and relatives of her second husband - Relatives seeking quashing of FIR - It cannot be presumed that relatives had by..........
