Indian Penal Code, 1860, Section 376, 376(2)(n), 377, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of proceedings - Complainant engaged in a physical relationship alleging that appellant had done so without her consent, however she not only sustained her relationship for over 12 months, but continued to visit him in..........
Indian Penal Code, 1860, Section 147, 148, 149, 427, 307, 323, 504, 506, Criminal Law Amendment Act, 2013, Section 7, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3, Prevention of Damage to Public Property Act, 1984, Section 2, 3 -- The impugned FIR and the gang chart fail to meet this essential threshold, as they rest largely on..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 323, 324, 427, 447, 504, 506 -- Quashing of proceedings - Compromise - Attempt to murder - Offence u/ss 323, 324, 427, 447, 504, 506 IPC in question are compoundable offences as per S.320 Cr.P.C and offence u/ss 307, 324 IPC are non-compoundable offences - However, since offences arise from..........
Indian Penal Code, 1860, Section 498A, 324, 355, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against husband - Allegation of throwing chilli powder and assault on wife by husband and other in-laws is not only supported by wound certificate which discloses simple injury but also statement of neighbour - It cannot be..........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - On the pretext of marriage - Quashing of FIR - Long-drawn relationship of appellant and prosecutrix including circumstance of their living together and cohabiting with each other, that too in a separate rented accommodation, would give rise to a presumption that their..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506(2), 114 -- Cruelty - Allegations against girlfriend of husband - Petitioner has no relationship with husband except she being his girl friend - She cannot be permitted to face rigmarole of trial - Proceedings qua petitioner quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 341, 448, 354(b), 380, 336, 109, 147, 149, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s)(w), 3(2)(va) -- Anticipatory bail - Attempt to murder - Appellants have co-operated with I.O. - Charge sheet has already been filed -..........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Charge sheet quashed as civil wrongs made subject matter of criminal proceedings - Cost of Rs.50,000/- imposed on the State...........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Charge sheet is bereft of particulars and details required and mandated in terms of S.173(2) Cr.P.C - It merely reproduces the contents of FIR - However, FIR does not state the material and evidence available and collected during course of..........
Indian Penal Code, 1860, Section 324, 323, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 324, 323, 504, 506, 34 IPC - Quashing of proceedings - Injured alleged that applicant Nos.1 & 2 both have used teeth as weapon - However, as per ingredients of S.324 IPC, hurt should be by means of any instrument for shooting, stabbing or cutting or any..........
