Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of proceedings - Offence u/s 376 IPC is undoubtedly a grave and heinous nature - Ordinarily, quashing of proceedings involving such offences on the ground of settlement between parties is discouraged and should not be permitted lightly - However, power of Court..........
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..........
Indian Penal Code, 1860, Section 120B, 415, 420, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss. 120-B, 415, 420, 34 IPC - Appeal against quashing of complaint - Allegation of creating forge family tree and partition deed to secure compensation land, excluding complainant and her sisters - As per record, HC relied on the statement of sub registrar that was..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Pendency of civil suit - The pendency of civil proceedings on the same subject matter, involving the same parties is no justification to quash the criminal proceedings if a prima facie case exist against the accused persons...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Pendency of civil suit - No bar exists against prosecution if the offence punishable under criminal law are made out against the parties to the civil suit...........
Criminal Procedure Code, 1973, Section 200 -- Issuance of process - Discretion entirely lies with complainant either to approach Magistrate or to approach Police - There is no bar to approach Magistrate with a criminal complaint instead of approaching Police even in cases where cognizable offences are disclosed from contents of criminal complaint...........
Criminal Procedure Code, 1973, Section 202 -- Investigation u/s 202 Cr.P.C - Where Magistrate is unable to decide whether or not there is sufficient ground for proceeding, he is required to direct investigation of a case in terms of S.202 Cr.P.C and postpone the issue of process against accused...........
Indian Penal Code, 1860, Section 420, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegation that accused under the pretext of providing Government job to complainant, has collected a sum of Rs.18,58,000 and another sum of Rs.20,000 through bank transfer - Specific allegation made in complaint is that as promised, no appointment orders..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to child - Order granting maintenance passed without there being any affidavit of disclosure of assets and liabilities on record - Nothing on record to show that requirement of filing such an affidavit was dispensed by trial Court - Order granting maintenance set aside - Matter remanded back to trial Court..........
Criminal Procedure Code, 1973, Section 30(1)(b), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 24(1)(b) -- Sentence of imprisonment in default of fine - If substantive sentence of imprisonment is not imposed, S.30(1)(b) Cr.P.C. or S.24(1)(b) BNSS do not restrict duration of default sentence that can be imposed - Restriction of one fourth of term of imprisonment..........
