Indian Penal Code, 1860, Section 376, 354, 420, 504, 506, 34 -- Rape - Prosecutrix did not specifically state that she was subjected to forcible rape - Medical report shows no injuries on prosecutrix including her private parts - Even assuming that there was physical contact, it could only be treated as consensual and not as alleged by prosecution - Acquittal upheld...........
Indian Penal Code, 1860, Section 323, 147, 500, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 147, 500, 504, 506 IPC and S.3(2)(va) of SC/ST Act - Compromise - Dispute is purely private in nature - Prima facie alleged offence has not been committed on account of caste of victim and except some..........
Indian Penal Code, 1860, Section 324, 341, 504, 506 -- Offence u/ss 324, 341, 504, 506 IPC - I.O. has not explained as to non-mentioning of names of alleged eye-witnesses in complaint - Delay in recording statement u/s 161 Cr.P.C and also delay in submitting the same before Court will create suspicious circumstances about presence of alleged eye-witnesses - Evidence of PW1..........
Indian Penal Code, 1860, Section 354, 511, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of women - Quashing of proceedings - Complaint has been lodged out of mala fide intention after a lapse of 15 days from the date of lodging of FIR by applicant No.1 against husband and..........
Indian Penal Code, 1860, Section 405, 406, 415, 417, 418, 420, 504, 506, 384, 120B, 34 -- Quashing of the FIR - In the absence of the element of criminality, if both civil and criminal cases are allowed to continue, it will definitely amount to abuse of the process of the Court, which the Courts have always tried to prevent by putting a stop to any such criminal..........
Indian Penal Code, 1860, Section 376(2)(n), 307, 324, 323, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 376(2)(n), 307, 324, 323, 504, 506 r/w S.34 IPC - Quashing of proceedings - Agreement of surrogacy - Agreement is against public policy - Agreement of surrogacy is not legalized in India - Application u/s 482 Cr.P.C. rejected...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 387, 427, 452, 504, 506, 143, 147, 149 -- Anticipatory bail - Offence u/ss 323, 387, 427, 452, 504, 506, 143, 147, 149 IPC - Allegations against accused are grave in nature - There was an imminent need for custodial investigation of accused - Apparently, incident recorded in FIR was a..........
Indian Penal Code, 1860, Section 376, 354A, 354D, 509, 506, 324, 323, 141, 143, 147, 149, 452, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of two FIRs - Both parties have categorically taken the stand that they have resolved their disputes amicably and are desirous of moving on with their lives - Complainant in second FIR is now..........
Indian Penal Code, 1860, Section 354C, 504, 506, 509, Information Technology Act, 2000, Section 66E, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 354-C, 504, 506, 509 IPC, 66E IT Act and 3(2)(v) SC&ST Act - Quashing of proceedings - Petitioner did not deny knowing..........
Criminal Procedure Code, 1973, Section 205, Indian Penal Code, 1860, Section 498A, 323, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Dispensing with personal attendance of accused - Cruelty - Dowry demand - Allegations against husband and his family members - Wife alleged that she was subjected to cruelty in respect of unlawful demand of dowry - There are..........