Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of proceedings - Allegations against accused are of very trivial nature - Cross-complaints filed by parties against each other - No progress made in proceedings since charge sheet was filed against accused in the year 2015 - Continuing the proceedings would be a persecution and..........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Rape - Accused and victim are living as husband and wife and now they have settled their dispute - Both the parties are major - Therefore, further criminal proceeding would amount to harassment and marital life of accused and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 354, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Cruelty - Demand of dowry - Charge-sheet has been filed in the matter - Accused have been cooperative during the course of investigation - I.O did not find any ground to arrest them during the course of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 323, 357ka, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of proceedings - Compromise - Rape - Victims do not have the freedom to compromise the matter in heinous offences such as rape and molestation of minors - Proceedings cannot be quashed..........
Indian Penal Code, 1860, Section 307, 504, 506, 34 -- Attempt to murder - Reduction of sentence - Trustworthy evidence of informant and injured is on record which were fully corroborated by medical evidence - Accused thus, rightly convicted - However, substantive period of sentence already undergone by accused - Both the accused are young persons in their mid forties and..........
Indian Penal Code, 1860, Section 498A, 427, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Settlement - When parties genuinely settle the dispute amicably then Criminal proceedings can be quashed by exercising power under Article 142 of the Constitution of India or even u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 406, 504, 506, 34 -- Cruelty - No evidence on record that wife was subjected to cruelty - Only allegation is of being threatened on the particular day when absence of husband has been proved by documents - There is no material or evidence to show that there was entrustment and misappropriation as required u/s 406 IPC - Allegations..........
Indian Penal Code, 1860, Section 308, 323, 504, 506, 147, 148, 149 -- Offence u/ss 308, 323, 504, 506, 147, 148, 149 IPC - Allegation that accused persons assaulted injured with lathi, danda and butt of country made pistol causing head injury - At the stage of framing charge, test of prima facie case has to be applied - Since, there is sufficient ground to frame charge in..........
Indian Penal Code, 1860, Section 406, 504, 506 -- Offence u/ss 406, 504, 506 IPC - Criminal proceedings - The proprietor of the supplier firm and his father issued summons for trial under Sections 406, 504 and 506 of the IPC - The allegation of criminal intimidation against the accused is made in the complaint statements made by the appellant, no particulars thereof have..........
