Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 368, 120B -- Quashing of proceedings - Offence u/ss 368, 120-B IPC - Prosecutrix neither named the petitioner in her statement, nor any allegation made against petitioner - Petitioner was not known to prosecutrix and had merely provided shelter to prosecutrix for one night - He was scared that he..........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 302 -- Quashing of order - Order taking cognizance - Custodial death of accused - 18 injuries found on the dead body of accused - Out of which injury no.1 & 2 caused death of accused - Magisterial enquiry held by SDM, which opined that death of accused occurred during police custody for which..........
Criminal Procedure Code, 1973, Section 82, 83 -- Issuance of process u/s 83 Cr.P.C. - Quashing of order - Petitioner while challenging impugned order already joined trial and is released on anticipatory bail - Purpose of proceedings u/ss 82, 83 Cr.P.C. is to initiate proceeding qua accused for joining investigation - Since said purpose is already met, impugned order for..........
Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Demand of dowry - Quashing of FIR - Allegation against applicant No.5/sister of father-i, law of complainant - Except omnibus and vague allegations, no specific overt act ascribed to applicant No.5 - Applicant No.5 residing separately - Allegations of harassment due to no,..........
Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Demand of dowry - Quashing of FIR - Applicant Nos.1 to 4 constantly demanding an amount of Rs.10 lacs from complainant and because of no, fulfillment of the same, she was harassed and treated with cruelty - Even now complainant was residing with her parents - Sufficient..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Framing of charge - Allegation in charge sheet that quarry license to co-accused was given by accused in furtherance of object and purpose of illegally benefiting co-accused - Further accused permitted co-accused to indulge in unauthorized mining over larger area than that granted to him..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 376, 506 -- Quashing of FIR - Compromise - Rape - Accused performed marriage with complainant which was the alleged promise made to her when they developed physical relationship about 10 years ago - They are leading a blissful married life - Grievance of complainant gets redressed..........
Criminal Procedure Code, 1973, Section 145, 146 -- Attachment of property - Title of parties not clear - Three parties claiming title over it and attempting to take possession of disputed land - Courts below committed no error while attaching the property - No interference warranted - Petition for quashing attachment order dismissed...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21 -- Denial of speedy justice - Quashing of proceedings - Non-commencement of trial even after 29 years - Even, petitioner appeared when charge-sheet was submitted in 2011 - Moreover, petitioner is not responsible for delay in trial - Further, there is no direct accusation against petitioner..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Karnataka Industrial Areas Development Act, 1966, Section 28, 29 -- Acquisition of land - Deemed lapse - In the instant case, large chunk of land was acquired under Act, 1966 - However, minuscule part of said land belong to respondents and consent..........
