Indian Penal Code, 1860, Section 509, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 509 IPC - Quashing of FIR - Accused allegedly invited victim lady, a stranger to him to accompany him on motorcycle during night time - He also made sexual gesture to victim with middle finger of his hand - Such an act cannot be considered as trivial in nature - Prima facie it..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed questions of facts and defence of accused cannot be taken into consideration at the pre-trial stage...........
Indian Penal Code, 1860, Section 376, 323, 328, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Applicants willing to compromise the matter - However, sexual offences constitute an altogether different class of crime which is result of a perverse mind - Allowing quashing of charge sheet, pursuant to a compromise will in such cases, only..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 406, 498A -- Quashing of FIR - Compromise - Offence u/ss 420, 406, 498-A IPC - Compromise entered between parties is genuine, voluntary and without coercion and undue influence - Complainant already made statement with regard to compromise, therefore, no prejudice would be caused to her,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Truthfulness of allegations cannot be considered in proceeding u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376D, 506 -- Quashing of proceedings - Rape case - Prima facie case against accused is made out from perusal of allegations made in complaint and statement of complainant u/s 200 Cr.P.C and his witnesses u/s 202 Cr.P.C - Allegations levelled against accused can be adjudicated only after trial and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - In exercise of powers u/s 482 Cr.P.C, criminal proceedings are not to be quashed where offence is heinous in nature - Proceedings can only be quashed where issue is overwhelmingly and predominantly of civil profile arising out of commercial, financial, mercantile and civil or matrimonial..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 186, 333, 353 -- Quashing of proceedings - Compromise - Offence u/ss 186, 333, 353 IPC - Compromise entered into between parties - Offences in question are not heinous offences or serious offence of mental depravity, nor it involves offence covered under Prevention of Corruption Act - Chances of..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Dowry demand - Parties amicably settled their dispute voluntarily, without threat, inducement and coercion - Though offence in question are non-compoundable, however, offences are of personal in nature and will not..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Jurisdiction - Quashing of proceedings - Question of lack of jurisdiction and delay in submitting complaint has to be agitated in the trial Court - Filing of complaint in Court at place `L' does not appear to be wrong or erroneous - It does not come out..........
