Indian Penal Code, 1860, Section 447 -- Offence u/s 447 IPC - Evidence presented does not substantiate essential elements required to establish that accused unlawfully entered into or remained on defendant's property with criminal intent - Furthermore, circumstances do not demonstrate an intention to commit any offence or to cause unlawful dispossession - In absence of..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 323, 324, 427, 447, 504, 506 -- Quashing of proceedings - Compromise - Attempt to murder - Offence u/ss 323, 324, 427, 447, 504, 506 IPC in question are compoundable offences as per S.320 Cr.P.C and offence u/ss 307, 324 IPC are non-compoundable offences - However, since offences arise from..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(1)(f), Indian Penal Code, 1860, Section 447 -- Offence u/s 3 of SC/ST Act and S.447 IPC - Place of occurrence was stated to be house, while all the witnesses spoke of the alleged incident having occurred in the field, which was the disputed land - In any event, there is..........
Indian Penal Code, 1860, Section 427, 447, 323, 341, 504, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 427, 447, 323, 341, 504 IPC - Quashing of FIR - Property dispute between parties - Allegation that accused entered into land in question and demolished fencies etc. and made attack on complainant by fist and kicks - Whether allegations against..........
Indian Penal Code, 1860, Section 447, 457, 341 -- Offence u/ss 447, 457, 341 IPC - Quashing of proceedings - Entire case is based upon allegation that petitioners have trespassed into his share of house in question - Co-sharers in a disputed property cannot be said to have committed theft or criminal trespass - Petitioners cannot be held liable for any of offences..........
Indian Penal Code, 1860, Section 323, 324, 325, 341, 342, 447, 308, 504 -- Offence u/ss 323, 324, 325, 341, 342, 447, 308, 504 IPC - Land dispute between parties - Informant, his son and wife had received injuries during occurrence - Though injured son and wife of informant was examined medically and their injury report was also proved by doctor, but both of them not..........
Indian Penal Code, 1860, Section 447, 427, 294, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 447, 427, 294, 506, 34 IPC - Quashing of FIR - Complainant was not sure about the date of commission of alleged offences - No reason given for delay of 39 days in lodging FIR - Allegation levelled by complainant that accused demolished the boundary wall..........
Indian Penal Code, 1860, Section 302, 304(Part II), 323, 147, 148, 149, 447 -- Nature of offence - Dispute took place on the spur of moment and there was no premeditation - Accused `R' inflicted only a single blow on the head of deceased with a lathi - It was thus, in the knowledge of accused `R' that his act was likely to cause death, but same would not fall within ambit..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 447 -- Quashing of proceedings - Compromise - Offence u/ss 307, 323, 447 IPC - Complainant did not receive any injury on any vital part of his body so as to constitute attempt to murder - Merely because FIR/charge sheet incorporates provision of S.307 IPC would not by itself be a ground..........
Indian Penal Code, 1860, Section 304, 447 -- Offence u/ss 304, 447 IPC - Reduction of sentence - Incident occurred over a small cause of grazing of goats - No previous animosity between parties - More than 30 years elapsed - Sentence reduced to period already undergone...........
