Indian Penal Code, 1860, Section 376, 380, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Marriage between accused and prosecutrix - Even if parties settled their matter and have entered into a matrimonial alliance, offence in question cannot be quashed in exercise of power vested in Court u/s 482 Cr.P.C - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 323, 313, 34 -- Bail - Offence u/ss 342, 323, 313, 34 IPC - As per the doctor, who has conducted ultrasound on person of prosecutrix, pregnancy was non-viable - Allegation of complainant that pregnancy was terminated, is yet to be established during course of trial - Trial in the case is not..........
Indian Penal Code, 1860, Section 302 -- Murder - Parole - Punishment of life imprisonment till death - Since claim of parole is concession and not a privilege and concessions have to be worked reasonably - Therefore, parole of 6 weeks is granted with conditions as required in Jail manual including security...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mere fact that there used to be quarrel between accused and deceased, as deceased was unhappy with accused returning home late or eating outside due to his work, cannot be considered as harassment or cruelty as contemplated u/s 498-A IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere allegation of harassment without any positive action in proximity to time of occurrence on part of accused that led a person to commit suicide, conviction in terms of S.306 IPC will not be sustainable...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegations of harassment very general in nature - In fact, said allegations against accused appears for first time at the time of filing FIR - Reliance on general oral testimonies of PW, without any supporting evidence would be misplaced - There has to be positive action that creates a situation..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of proceedings - Cheating - Compromise - Parties have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - No useful purpose would be served by keeping criminal proceedings pending - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Bail - Offence u/ss 363, 366A, 376, 120-B IPC & S.8 POCSO Act - No role specifically attributed to petitioner by victim in her statement u/s 164 Cr.P.C. and that all allegations have come about subsequently -..........
Indian Penal Code, 1860, Section 382, 323, 511, 34 -- Reduction of sentence - Offence u/ss 382, 323, 511, 34 IPC - Petitioners alleged to have only tried to snatch motorcycle of complainant by putting chilli powder in his eyes - Medical evidence does not include any serious injury to complainant - Even, petitioners are first offenders and facing agony of protracted..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Reading contents of FIR loudly in Court, in a civil suit - Cannot be treated to harm or diminish reputation of complainant - Complaint and entire proceedings quashed...........
