Bharatiya Nyaya Sanhita, 2023, Section 69, 318(4) -- Rape - Compromise - Quashing of proceedings - Prosecutrix is 28 years of age and petitioner No.1 is not turned 21 years of age on the date of offence - She is an illiterate person working as a housemaid and she did not know legal consequences or she did not have knowledge of age difference and marriageable age of..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - Quashing of proceedings - Marriage between victim and appellant got solemnized during pendency of appeal before High Court - Victim herself expressed her desire to live a peaceful and stable family life with appellant, upon whom she is..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Petitioner was declared proclaimed offender without affording her prerequisite time period of 30 days to appear before trial Court - Requisite procedure as mandated by S.82 Cr.P.C. was not completely followed in letter and spirit - Continuation of proceedings would be an abuse of process and deserve to be quashed..........
Indian Penal Code, 1860, Section 420, 406, 395, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute pertaining to sale of motor vehicle by complainant to appellants and non-payment of remainder amount - Dispute is of civil in nature - Continuation of a dispute pertaining to payment of money and handing over of possession of motor vehicle, would be an..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 466, 467, 468, 120B -- Quashing of FIR - Offence u/ss 465, 466, 467, 468, 120-B IPC - Civil suit preferred by complainant and others already stands dismissed - FIR has been registered after a gap of 16 years - Thus, continuation of proceedings emanating out of FIR are nothing but an abuse of..........
Indian Penal Code, 1860, Section 174A -- Offence u/s 174-A IPC - Proclaimed offender - FIR was registered due to non-appearance of petitioner in a FIR filed u/s 323, 325, 34 IPC - Trial of case was concluded and all other accused were released on probation - However, petitioner was declared proclaimed offender - As he was not aware about pendency of trial, he could not..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Complaint filed after 4 years from the incident without good explanation - Not only appellant was dragged into criminal proceedings but even parents of appellant were arrayed as accused - None of allegations levelled in complaint are substantiated by any other independent evidence on record -..........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Matrimonial offence - Settlement - Quashing of proceedings - Once marital relationship has ended in divorce and parties have moved on in their lives individually, continuation of criminal proceedings against family members, especially in absence of specific and..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations against appellants are that they entered into a conspiracy with other individuals to fabricate a forged Will after death of testator that was then used to circumvent sale deed - Neither any criminal breach of trust nor any..........
Indian Penal Code, 1860, Section 376, 354A, 354D, 509, 506, 324, 323, 141, 143, 147, 149, 452, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of two FIRs - Both parties have categorically taken the stand that they have resolved their disputes amicably and are desirous of moving on with their lives - Complainant in second FIR is now..........
