Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of woman - Quashing of order taking cognizance - Allegation that A-2 outraged modesty of complainant by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Though there is some discrepancies in the statements of witness, but..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 406 IPC - Quashing of FIR - There is no averments to the effect that there was an entertainment of property or domain over property and property has been dishonestly acquired and converted to petitioners use - Complaint lacks ingredients to make out offence of criminal breach of..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Quashing of final report - Offence u/s 3(1)(xi) of SC/ST Act - Final report filed for offence u/s 3(1)(xi) of SC/ST Act after deleting S.354 IPC - Deleting a provision in IPC and substituting very same provision in special enactment..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Rape - Promise of marriage - Prosecutrix claimed in FIR that sexual relations were established when they were school students - Manifestly there is no allegation in the complainant's version regarding those sexual relations having been established by use of force or..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 34 -- Quashing of summoning order - Offence u/ss 448, 34 IPC - Charge-sheet and its annexure were not available before trial Court, when impugned summoning order was passed - Since the charge-sheet also records the role of petitioner though to limited extent, it was incumbent on trial Court..........
Indian Penal Code, 1860, Section 376, 452, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consumed poison after incident of rape and remained hospitalized for 2 days - But there is no evidence on record that during such period prosecutrix made any complaint against accused with regard to incident - FIR lodged after 8 days of incident..........
Indian Penal Code, 1860, Section 448, 380, 457, 447, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 448, 380, 457, 406, 120-B IPC - Quashing of FIR - Compromise entered into between parties - Magistrate recorded statements of parties and reported that compromise between parties is not the result of any pressure or coercion in any manner and is..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - False promise of marriage - Prosecutrix admittedly was married and not legally divorced from her husband - During subsistence of earlier marriage there could be no promise of marriage to accused - Allegation that fraud was played on prosecutrix for receiving consent..........
Criminal Procedure Code, 1973, Section 190, 482, Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 407, 34 -- Confessional statement of co-accused before police - Admissibility - Offence u/ss 407, 34 IPC - No confession made to a police officer shall be proved as against accused of any offence - Confessional statement of co-accused before police held,..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Dowry death - Cruelty - Demand of dowry - Quashing of proceedings - Jethani residing in another State whereas deceased committed suicide at the residence of her parents - She cannot be said to be beneficiary of dowry demanded, if any - In..........
