Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Cheating - Civil disputes given the colour of criminal offence - FIR quashed...........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Compromise - Quashing of FIR - Obnoxious allegations were levelled against petitioners in FIR - Allegations that petitioners without knowledge of victim clicked her pictures and videos and thereafter threatened to circulate the same unless she would agree for..........
National Investigation Agency Act, 2008, Section 13, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 1(4) -- Jurisdiction of Special Court - Offence committed by juvenile - When FIR is registered under Scheduled Act prescribed under NIA Act and juvenile has been directed to be tried as adult by Children`s Court, then jurisdiction to try case would..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - FIR disclosed nothing more than a commercial relationship which broke - Dispute involved appears to be of civil nature for which continuation of criminal proceedings cannot be allowed - None of ingredients of any of offences complained against..........
Criminal Procedure Code, 1973, Section 468(2), 482 -- Quashing of proceedings - Investigation not completed within limitation period - Occurrence took place on 3.11.2020 and FIR was registered on 4.11.2020 - Case of petitioners to invoke S.468(2)(c) Cr.P.C. is misconceived one, as language used in said section is that `no Courts shall take cognizance of offence' -..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9(m), 10, 11(iii), 12 -- Bail - Sexual assault - Allegation made in FIR and from statement of survivor herself shows that allegations are serious in nature - Case against accused persons is under trial - There are 7 PWs to be examined - Survivor being one of..........
Indian Penal Code, 1860, Section 147, 148, 149, 427, 307, 323, 504, 506, Criminal Law Amendment Act, 2013, Section 7, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3, Prevention of Damage to Public Property Act, 1984, Section 2, 3 -- The impugned FIR and the gang chart fail to meet this essential threshold, as they rest largely on..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statement made on oath in Court is substantive in character and consistency between FIR and deposition only enhances the credibility of a witness - Therefore, argument that testimony is repetitive or lacks specific attribution is without merit - Application allowed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of FIR - Offence when more or less is in the nature of a private offence such like in matrimonial cases, commercial disputes, money matters and some other offences of lighter nature, which does not affect public interest at large, then certainly in the given facts and circumstances of each and every case,..........
Indian Penal Code, 1860, Section 354, 323, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Outraging modesty of woman - Compromise - Quashing of FIR - Allegation that a group of 8-10 young men including three petitioners allegedly tried to outrage modesty of complainant who was accompanied by her husband and on being objected by her husband, he was hit on head..........
