Indian Penal Code, 1860, Section 366A, 363 -- Kidnapping - On pretext of marriage - Quashing of FIR - Prosecutrix was 17-1/2 years of age at the time of incident - There is no allegation whatsoever against accused - Main allegation was against co-accused but prosecutrix married him and had given birth to two children out of that wedlock - In absence of any allegation..........
Indian Penal Code, 1860, Section 376, 354, 506, 419, 467, 471, 474, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 419, 467, 471, 474, 376, 354, 506, 34 IPC - Compromise - Quashing of FIR - Petitioner Akhtar falsely represented himself as Shiva promised marriage and had physical relationship - Marriage certificate found to be fake and petitioner could not..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of FIR - Compromise - Unnatural offence - Merely because father of victim has decided to enter into compromise with accused, Court cannot permit quashing of FIR, particularly when heinous offence against a small..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of FIR - Compromise - Unnatural offence - Victim is a small boy of seven years - Offence alleged against accused is grave - Father of victim cannot be permitted to settle dispute with accused, as he is not a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 332, 353 -- Quashing of FIR - Offence u/ss 332, 353 IPC - Scuffle took place between parties at the spur of moment - Compromise arrived at between parties - FIR quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Loan transaction - Time barred debt - Quashing of summoning order - Whether transaction is time barred or not has to be considered only after trial not at preliminary stage or at the time of taking cognizance - Petition for quashing held, dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Issue involved between parties needs full fledged trial - Grounds urged before Court by accused can be raised before trial Court during course of trial and sitting u/s 482 Cr.P.C, Court cannot quash the same - Moreover, Magistrate..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6, Prohibition of Child Marriage Act, 2006, Section 9 -- Run-away marriage - Quashing of proceedings - Accused and victim were in love with each other and they decided to get married - Both eloped from their respective homes, got married and consummated marriage - Offences..........
Criminal Procedure Code, 1973, Section 344, 482 -- Giving false evidence - Show cause notice - Notice issued to accused for purpose of giving them an opportunity of showing cause - Court was not required to give elaborate reasons for its satisfaction for proceeding summarily to try witnesses for giving false evidence - At this stage Court of Sessions or Magistrate is only..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Compromise arrived at between parties in proceedings u/s 138 of N.I. Act - Complainant withdrew his complaint and petitioner discharged on the basis of compromise - In such..........
