Indian Penal Code, 1860, Section 366, 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Quashing of proceedings - Though on the basis of statement by prosecutrix and her mother, possibility of accused being acquitted cannot be ruled out - But at the same time, possibility of conviction can also not be ruled out as trial..........
Criminal Procedure Code, 1973, Section 482 -- Second FIR - Quashing - Second FIR based on new set of facts and new set of allegations and not based on old set of allegations as made in the first FIR - Prima facie case made out against accused - Impugned order of High Court quashing second FIR set aside and order of trial Court taking cognizance restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Complaint against partnership firm and its partners - Retiring partner - Statutory Form-G in the context of partnership firm can be relied upon and looked into by Court - However, material placed on record indicate that picture is very hazy..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482, Indian Contract Act, 1872, Section 23 -- Dishonour of cheque - Quashing of complaint - Complainant paid certain amount to accused for securing a job for his son - But accused failed to secure the same - Accused issued a cheque of Rs.10 lacs which was dishonoured - Held, contract..........
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of woman - Quashing of order taking cognizance - Allegation that A-2 outraged modesty of complainant by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Though there is some discrepancies in the statements of witness, but..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 406 IPC - Quashing of FIR - There is no averments to the effect that there was an entertainment of property or domain over property and property has been dishonestly acquired and converted to petitioners use - Complaint lacks ingredients to make out offence of criminal breach of..........
Indian Penal Code, 1860, Section 498A, 406, 294(b), 323, 506(i) -- Offence u/ss 498-A, 406, 294(b), 323, 506(i) IPC - Quashing of FIR - There is no whisper about demand of any dowry or valuable security in complaint - Petitioner and complainant were living together only for about 4 months - Most of allegations in complaint pertains to certain averments that took place..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Quashing of final report - Offence u/s 3(1)(xi) of SC/ST Act - Final report filed for offence u/s 3(1)(xi) of SC/ST Act after deleting S.354 IPC - Deleting a provision in IPC and substituting very same provision in special enactment..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Defence of an accused though appears to be reasonable or probable should not be taken into consideration to exercise inherent power u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Rape - Promise of marriage - Prosecutrix claimed in FIR that sexual relations were established when they were school students - Manifestly there is no allegation in the complainant's version regarding those sexual relations having been established by use of force or..........
