Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Consent of court is required for withdrawal - Public prosecutor may withdraw from a prosecution not merely on the ground of paucity of evidence but also to further the broad ends of public justice - Public prosecutor must formulate an independent opinion and mere fact that initiative has come from..........
Civil Procedure Code, 1908, Section 89 -- Meditation - Mediation has to be by consent of both the parties - Mediation cannot be thrusted upon either of parties...........
Civil Procedure Code, 1908, Section 89 -- Meditation - Mediation has to be by consent of both the parties - Mediation cannot be thrusted upon either of parties - Moreover, when High Court itself, on more than one occasions in the contempt proceedings, had found that the State was bound to comply with the writ of mandamus issued by it and had also issued notice to Chief..........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Penetrative sexual assault - Consent - Prosecutrix stated that relationship between her and respondent was with her consent during statement u/s 164 Cr.P.C. - Even, MLC report of prosecutrix proved that no injuries of resistance of sexual act were found on prosecutrix and relationship was with consent -..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - When marriage has broken down irretrievably and parties are living separately for the last more than 11 years and there is no chance of reconciliation and reunion, six months statutory period is allowed to be waived - Marriage between parties dissolved u/s 13-B of..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties are living separately since 2021 - Mediation took place between parties with agreement to dissolve the marriage and withdraw the criminal cases pending between them - There is thus, no occasion to direct petitioner to wait for cooling off period as..........
Jurisdiction -- Cannot be created by consent or waiver...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Marriage between parties solemnized in 2003 and both the parties are living separately since 2004 - Joint compromise petition filed by parties - There is no possibility of resurrecting marital life of parties - Statutory period of 6 months waived - Decree of divorce on the basis of mutual consent granted...........
Indian Penal Code, 1860, Section 417 -- Sexual relationship - Refusal to marry - Victim and accused were in a love relationship for four years and they had physical relationship - Both of them were majors - No evidence to establish or suggest that said long love relationship and physical relationship were under misconception of fact or that consent of victim was based on..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Consent deed - Petitioner purchased property and entire revenue records were mutated in favour of petitioner - Original owner interfered with possession of petitioner by contending that father of petitioner had no valid title over the property - However, matter was settled in meditation by paying Rs.11 lakhs to..........
