Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499 -- Quashing of complaint and summoning order - Offence u/s 499 IPC - Trial Court initially proceeded with a case presuming the same to be a warrants case - However, once said error came to notice of the Court, it has rectified the same by passing order and by ordering that notice of accusation..........
Criminal Procedure Code, 1973, Section 482 -- Application for acceptance of challan/final report and quashing of FIR - Investigating agency after completion of investigation had filed challan/closure report in Court of Special Judge, but till date no final order is passed - Matter is listed for 14.6.19 - Parties undertake to ensure presence of their respective clients..........
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Consent - False promise to marry - Subsequent marriage between parties - Does not constitute compromise or settlement between accused and victim, rather it amounts to fulfillment of promise made by accused to prosecutrix - However, said fact can be taken..........
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Consent - False promise to marry - It is evident that accused has no fraudulent intention in making the promise as accused married the victim within a short period after the incident - Rather, in such circumstances what occurred was only acknowledged..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 468, 482 -- Cruelty - Limitation - Quashing of complaint - Complaint u/ss 498-A, 420, 406, 324, 506 IPC - Wife filed complaint against husband after delay of 8 years - Bar u/s 468 Cr.P.C not applies to offence u/s 498-A IPC, as it is in the nature of continuing offence - Even..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Quashing on the basis of probable defence that accused may set up would not be in domain of consideration by High Court - It would be apt and appropriate for jurisdictional Magistrate to examine same after prosecution tenders evidence and as such proceedings before trial Court cannot be stifled even..........
Criminal Procedure Code, 1973, Section 482, 82 -- Proclaimed offenders - Quashing of order - Petitioners willfully absented and deliberately abandoned Court proceedings - No ground made out to quash order...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376 -- Quashing of proceedings - Rape - Accused marrying complainant - Grave and serious offences as one u/s 376 IPC cannot be subject matter of quashment of proceedings on the ground of settlement between accused and victim - However, exception to said approach could be in cases where accused has..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4 -- Kidnapping and rape - Settlement - Accused marrying complainant - Quashing of proceedings - Dispute settled amicably - Victim has no grievance against accused - Proceedings quashed, as otherwise it will..........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - Order framing charge u/s 447 IPC - Quashing of order - Petitioner is allottee of shop in question and has a decree in his favour and against complainant restraining him from forcibly dispossessing petitioners from said premises - No documentary evidence to show any discussion with regard to renting out of shop by..........
