Criminal Procedure Code, 1973, Section 482 -- Second petition for quashing - Present petition for quashing filed after 7 years after judgment of acquittal of co-accused - Even otherwise mere acquittal of co-accused would not be a ground to quash proceedings - Petitioner is a resident of Canada and would have to come back to face trial as had been undertaken by him but..........
Prevention of Corruption Act, 1988, Section 13(1)(a), 17 -- Quashing of prosecution - The Second proviso to Section 17 of the Act directs that the offense referred to under Section 13(1)(e) of the Act shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police - There is no such order of the police officer not below the..........
Prevention of Corruption Act, 1988, Section 13(1)(a), 17 -- Quashing of prosecution - The Second proviso to Section 17 of the Act directs that the offense referred to under Section 13(1)(e) of the Act shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police - There is no such order of the police officer not below the..........
Indian Penal Code, 1860, Section 465, 466, 467, 468, 471 -- Offence u/ss 465, 466, 467, 468, 471 IPC - Quashing of proceedings - No false document has been produced - Making a false claim and creating and producing false document both are different and distinct - Even assuming complaint averments to be true, same do not make out ingredients of offences in question -..........
Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii)(1), 6, Criminal Procedure Code, 1973, Section 482 -- Sexual assault - Quashing of proceedings - Victim and accused are now staying together as husband and wife - They decided to amicably settle the matter - However, victim was 13 years old at the time of incident - Narration of incident by victim does..........
Indian Penal Code, 1860, Section 307, 324, 342, 452, 149, 148, 147, 506 -- Attempt to murder - Quashing of FIR - Allegation that accused allegedly entered into the house of complainant and gave knife blows, not supported by any of villagers including neighbours of complainant - There is family dispute between two parties which resulted in filing of two cases by wife..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Quashing of proceedings - Offence u/ss 363, 366, 120-B IPC and Ss.16, 17 POCSO Act - Compromise - No good ground to quash proceedings in the instant case...........
Indian Penal Code, 1860, Section 283, 427 -- Offence u/ss 283, 427 IPC - Quashing of FIR - Mere vague allegations in the FIR, consisting of words used in definition of an offence, in the absence of any corroborating details, does not lead to prima facie satisfaction for constituting that offence - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, 197 -- Sanction for prosecution - Quashing of proceedings - Assertion in complaint that police officials without any authority entered the house and committed the alleged offences - At the stage of taking cognizance it cannot be concluded that acts allegedly done were committed while acting or purporting to act in the discharge..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court is not required to conduct mini trial at the stage of discharge and/or while exercising powers u/s 482 Cr.P.C. - Court has a very limited jurisdiction and is required to consider "whether any sufficient material is available to proceed further against accused for which accused is required to be..........
