Indian Penal Code, 1860, Section 376, 452, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consumed poison after incident of rape and remained hospitalized for 2 days - But there is no evidence on record that during such period prosecutrix made any complaint against accused with regard to incident - FIR lodged after 8 days of incident..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Utterance of Caste derogatory words - Quashing of FIR - In FIR no specific instance given when caste words were used and merely stated that everyday caste words were used - Exact words have also not been stated - It is also not stated as to in whose presence those caste words..........
Indian Penal Code, 1860, Section 448, 380, 457, 447, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 448, 380, 457, 406, 120-B IPC - Quashing of FIR - Compromise entered into between parties - Magistrate recorded statements of parties and reported that compromise between parties is not the result of any pressure or coercion in any manner and is..........
Criminal Procedure Code, 1973, Section 482, Electricity Act, 2003, Section 135, 138, 152 -- Quashing of FIR - Offence u/ss 135, 138 Electricity Act - As S.138 of Electricity Act can be compounded u/s 152 of Electricity Act and petitioner pursuant to the direction by this Court has deposited the amount - Moreover, it is not in dispute that impugned FIR is the first FIR..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - False promise of marriage - Prosecutrix admittedly was married and not legally divorced from her husband - During subsistence of earlier marriage there could be no promise of marriage to accused - Allegation that fraud was played on prosecutrix for receiving consent..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of complaint - Maintainability - Complaint under the Act - Earlier also husband filed criminal miscellaneous petition challenging orders passed by Appellate Court by which they summoned to appear as well as order restraining husband from dispossessing..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Dowry death - Cruelty - Demand of dowry - Quashing of proceedings - Jethani residing in another State whereas deceased committed suicide at the residence of her parents - She cannot be said to be beneficiary of dowry demanded, if any - In..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409 -- Quashing of FIR - Misappropriation of files - Files were not entrusted to petitioner as per investigation by I.O - It is positive case of I.O that charge was not handed over to petitioner at the time of posting and files were not handed over - Petitioner therefore, not liable for..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Offence u/s 406 IPC - Matter is of a civil nature involving question of accounting, which can be decided by evidence of parties - Magistrate mechanically summoned applicant without appreciating procedure of law - Dragging matter before criminal Court is nothing but..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366 -- Quashing of proceedings - Kidnapping - Parties are married for past 8 years and blessed with four children - Informant accepted the said marriage and does not wish to prosecute the case founded on FIR lodged by her - Looking to stand taken by informant, permitting prosecution to..........
