Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Delay in lodging FIR - Father of victim child is himself a member of police force - That being so, delay in lodging of FIR assumes greater importance - There is no explanation as to why police complaint was not lodged for nearly a day after alleged incident cannot be ignored - Delay, fatal..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Issuance of process - Expression "investigation" occurring in S.225 BNSS (S.202 Cr.P.C.) does not connote or import a full-fledged police investigation of nature contemplated upon registration of an FIR under provisions governing cognizable offences...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Issuance of process - Magistrate after examining complainant u/s 223 BNSS and noticing absence of supporting material has consciously chosen not to direct registration of an FIR but instead to invoke S.225 BNSS in order to conduct an inquiry himself to deliberate upon question of cognizance and thereafter either to..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Condition to deposit 30% of total amount of penalty - Held, without expressing any opinion on merits of case, lest it may prejudice the outcome of trial, condition to deposit 30% of total amount of fine/penalty is modified to the extent that petitioner would furnish a personal bond together with an..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Forged and fabricated agreement to sell - Quashing of FIR - Agreement to sell in question shows that there is no visible cutting/alteration at any place - FIR is a pure tactic to escape from civil liability of executing and registering sale deed in favour of petitioners, especially in light of the fact..........
Indian Penal Code, 1860, Section 498A, 323, 377, 406, 506 -- Cruelty - Allegations against parents-in-law - Petitioners were not residing in a shared household with wife - Nothing in the FIR which disclosed any specific date, time or proximate incident demonstrating active participation of petitioners in alleged acts of cruelty or harassment - Belated implication of..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Payment of compensation or financial assistance to families of deceased cannot be treated as a ground for quashing criminal proceedings arising out of an offence u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Offence u/s 304-A IPC is not merely between accused and complainant but have a direct nexus with public safety - Acceptance of a compromise in such matters would be contrary to larger public interest - Quashing petition dismissed...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death by rash and negligent act - Compromise - Quashing of FIR - Incident occurred at a workplace involving shuttering and structural activity, where two labourers have lost their lives after allegedly falling from a beam - Determination of role of petitioners, nature of their duties and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Charge-sheet i.e. police report u/s 173(2) Cr.P.C. has been submitted after investigation and High Court did not have an occasion to consider police report/charge-sheet and materials placed along with it while considering application u/s 482 Cr.P.C. - Ends of justice would be subserved if proceedings before..........
