Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/s of SC/ST Act - FIR quashed following an amicable settlement - Awarding of full compensation in such scenarios would be contrary to the spirit of law...........
Criminal Procedure Code, 1973, Section 167(2)(a)(i), Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, 27 -- Default bail - Murder - Non-filing of ballistic report along with charge sheet - Neither amounts to filing of incomplete charge sheet nor fatal to prosecution case if ocular testimony is found to be credible and cogent - Application rightly..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petition can be filed u/s 482 Cr.P.C for quashing of charge sheet even before framing of charges and it would not be in the interest of justice to reject the application merely on the ground that accused concerned could argue legal and factual issues at the time of framing of charges...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Quashing - Courts to consider the contentions that there is lack of specific allegations against accused concerned to constitute the offence(s) against a relative or that the implication was nothing but an over implication to pressurise the family of husband to..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Deceased committed suicide by hanging from a fan in a room of hospital where he is working - Suicide note was recovered from the pocket of trouser of deceased which shows that petitioner insulted and used abusive language by projecting deceased as..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 489A, 489B, 489C, 34 -- Bail - Offence u/ss 489-A, 489-B, 489-C, 34 IPC - Six counterfeit currency notes of Rs.500 are subject matter of offence - Appellant has been incarcerated for two and a half years - There are no antecedents of appellant - Trial is not likely to conclude in a reasonable time..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Appeal is not likely to be heard before appellant undergoes the entire sentence, as there are huge pendency of old cases - Moreover, accused had undergone half of the sentence - Appellant is, entitled to relief of suspension of sentence and bail pending final disposal of..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of charge sheet - Victim categorically stated that she entered into marriage with applicant on her own choice and now she is enjoying her matrimonial life with applicant along with..........
Constitution of India, 1950, Article 136, 227, Criminal Procedure Code, 1973, Section 482 -- Adverse remarks - Expunging of - Adverse remarks recorded by High Court against Additional District and Sessions Judge - Personal criticism of judges or recording findings on the conduct of Judges in judgments must be avoided - High Court could not have used a judgment on the..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, trial Court cannot consider any documents which are not part of charge sheet...........
