Indian Penal Code, 1860, Section 354(A), 354(B), 376, 323, 506, 34, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 354(A), 354(B), 376, 323, 506, 34, 498-A IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - There was delay of at least four months in lodging FIR - Apart from the verbal allegations, there is nothing on record to connect petitioners with the..........
Indian Penal Code, 1860, Section 342, 347, 594, 506, 116, 384, 34 -- Offence u/ss 342, 347, 594, 506, 116, 384, 34 IPC - Quashing of FIR - No specific allegations against respondent nos.4 and 5 in the complaint - There is a delay in lodging FIR - Even, no allegation made by husband of complainant in the letter addressed to District Magistrate and District Commissioner -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Settlement - Non-compoundable offences - For quashing criminal proceedings of non-compoundable offences on the ground of settlement, High Court must satisfy itself that there is a genuine settlement between victim and accused - If Court is satisfied about existence of a genuine settlement, other..........
Indian Penal Code, 1860, Section 376(2)(N), 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(R), 3(1)(w), 3(2)(5) -- Rape - Settlement - Quashing of charge sheet - Victim is illiterate woman and she allegedly put her thumb impressions on affidavits - However, there was no endorsement on affidavits that contents of affidavits..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Even where quash petition is filed to quash the FIR and a final report is filed, which is taken cognizance, High Court can still exercise its jurisdiction u/s 482 Cr.P.C. and quash the proceedings itself if a case is made out...........
Indian Penal Code, 1860, Section 420, 468, 471, 504, 506, 120B -- Cheating - Quashing of FIR - FIR in question is a counter blast to complaint of petitioner lodged with malafide intention to harass petitioner - Allegations levelled in the FIR are not supported by any linked evidence - Only allegation made against petitioner in FIR is the date of birth was wrongly mentioned..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 462, 206, 217, 34, 37, 120B -- Quashing of FIR - Cheating - Nothing on record to show that appellant/bank or its staff members had dishonestly induced someone deceived to deliver any property to any person, and that mens rea existed at the time of such inducement - Ingredients to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed question of fact cannot be considered at the stage of quashing and same is to be addressed after proper appreciation of evidence during trial...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Husband sought quashing of FIR on the ground that wife is not legally wedded wife as per proceedings u/s 125 Cr.P.C - However, findings in these proceedings do not have a binding effect on any other civil or criminal Court - Moreover, said issue is not to be..........
Indian Penal Code, 1860, Section 376, 313 -- Rape - Quashing of proceedings - Delay of more than 5 years in registering FIR - Complainant revealed that she and appellant lived for a long period as husband and wife - No material on record as per FIR and facts and circumstances of case that complainant had given her consent for sexual relationship with appellant under..........
