Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Compromise - Prosecutrix and accused are lovers and were living together for two years - Accused made a proposal to marry her and developed sexual relations with her and later on he refused to marry her and hence FIR was lodged - However, now prosecutrix has married..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), 3(1)(va) -- Quashing of proceedings - Offence u/s 3(1)(v) & (va) of SC/ST Act - Private dispute between parties was going on with respect to illegal construction - No allegation in complaint that complainant is obstructed or interfered..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961 -- Quashing of proceedings by High Court - Merely because wife was suffering from disease AIDS and/or divorce petition was pending, it cannot be said that allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Investigation of case is still pending - It is not proper for Court to look into material brought by accused as acceptability or veracity of such documents is a matter of trial - Whether offences are made out is a matter of trial - No ground for quashing FIR at this stage made out - Petition for quashing..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court in exercise of power u/s 482 Cr.P.C does not examine correctness of allegations in a complaint except in exceptionally rare cases where it is patently clear that allegations are frivolous or do not disclose any offence...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500 -- Quashing of complaint - Offence u/ss 499, 500 IPC - Prima facie Magistrate found that offence in question falls within meaning of expression u/s 499 IPC - Stage of recording of evidence has not reached - It is difficult to hold that a case for quashing of complaint u/s 482 Cr.P.C has..........
Indian Penal Code, 1860, Section 498A, 323, 524, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Distant relatives - Living at separate residence - Mental cruelty can be inflicted even by communication i.e. telephone etc. - Sufficient material on record which is indicative of inflicting mental cruelty..........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix is a widow having two children - Instances of rape which allegedly began from 13.7.2017 are reported to police first time directly on 30.1.2018 i.e after six months - There was long standing acquaintance between accused and..........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Allegation that accused forcibly took away ornaments of prosecutrix - However, said allegation is false and afterthought because jeweller with whom said alleged ornaments were mortgaged stated that he knew accused as well prosecutrix, as..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Quashing of proceedings - Proceedings cannot be quashed merely because informant turned hostile and does not support prosecution case, as demand and acceptance may be proved from other materials during trial connected to alleged trap and also by subjecting informant to examination in..........
