Bharatiya Nyaya Sanhita, 2023, Section 115(2), 110, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 115(2), 110 BNS - Compromise - Quashing of FIR - Parties to lis have resolved their dispute amicably and do not wish to continue criminal proceedings and have jointly prayed for quashing of same - Though offences in question are not compoundable, but..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - S.156 Cr.P.C does not contemplate recording of preliminary statement of a complainant at the time of issuing a direction for registration of an FIR - In fact a direction in terms of S.156(3) Cr.P.C is issued at pre-cognizable stage...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate had taken cognizance of offences by recording preliminary statement of complainant and thereafter directed SSP to hold an enquiry with a view to ascertain truth or falsehood of allegations made in the complaint - Having undertaken recourse to procedure it was not open to..........
Indian Penal Code, 1860, Section 376, 384, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Complainant, being a highly qualified major woman continued in a consensual intimate sexual relationship with appellant over a period of 16 years - On many occasions, complainant even portrayed herself to be wife of appellant thereby,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 417, 418, 381, 408, 120B, 34 -- Interim bail - Cheating - Allegations made against petitioners are serious in nature, more so, conduct of petitioners have been portrayed as on defying due course of justice by indulging in activities which are contrary to law - Though, allegations are yet to..........
Bharatiya Nyaya Sanhita, 2023, Section 299 -- Offence u/s 299 BNS - Quashing of FIR - Act of tearing pages of "Manusmriti" holy book of a particular religion in a live TV debate which was being organized by the two TV channels was nothing but prima facie, reflection of a malicious and deliberate intention of petitioner and is an act done without any lawful excuse or..........
Indian Penal Code, 1860, Section 174A -- Proclaimed offender - Main criminal trial stands concluded wherein petitioner has been acquitted so the continuation of proceedings to FIR in question are nothing but an abuse of process of Court - FIR u/s 174-A IPC quashed subject to payment of costs of Rs.35,000/-...........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Neither FIR nor final report u/s 173 Cr.P.C. contain a whisper with respect to any inducement, fraud or dishonesty made by petitioners - No such deceitful act was adopted - Only apparent reason to lodge FIR in question is to wreak vengeance due to ongoing matrimonial discord - Proceedings quashed...........
Indian Penal Code, 1860, Section 306, 498A, 114, Evidence Act, 1872, Section 113A -- Abetment of suicide - Cruelty - Presumption - Delay in lodging FIR itself creates a doubt though, at the time of noting accidental death parents were present before police - No such complaint of cruelty or dowry or harassment has been made - Parents had undefined occasion to give complaint..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 75(1) -- Anticipatory bail - Offence u/s 75 of BNS - Serious allegations made against petitioner in FIR - However, petitioner also filed a complaint against de facto complainant - No investigation has been conducted by I.O. on said complaint - When certain materials are produced..........
