Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Quashing of proceedings - Offence u/ss 363, 366, 120-B IPC and Ss.16, 17 POCSO Act - Compromise - No good ground to quash proceedings in the instant case...........
Criminal Procedure Code, 1973, Section 482, 197 -- Sanction for prosecution - Quashing of proceedings - Assertion in complaint that police officials without any authority entered the house and committed the alleged offences - At the stage of taking cognizance it cannot be concluded that acts allegedly done were committed while acting or purporting to act in the discharge..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court is not required to conduct mini trial at the stage of discharge and/or while exercising powers u/s 482 Cr.P.C. - Court has a very limited jurisdiction and is required to consider "whether any sufficient material is available to proceed further against accused for which accused is required to be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Whether criminal proceedings were malicious or not, is not required to be considered at the stage of quashing of proceedings - Same is required to be considered at the conclusion of trial - At this stage, what is required to be considered is a prima facie case and material collected during course of..........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C does not lie if remedy of appeal is available...........
Criminal Procedure Code, 1973, Section 327, 482 -- Proceedings in camera - Recall of order directing in-camera trial - Unless applicant is able to show that prejudice is caused on account of order directing in-camera proceedings to be held, Court ought not to exercise the inherent jurisdiction to interfere with satisfaction exercised by trial Judge - Petition dismissed...........
Indian Penal Code, 1860, Section 306, 114, Criminal Procedure Code, 1973, Section 482 -- Abetment to suicide - Quashing - Deceased working as Manager at petrol-pump of accused - While working as Manager there was some malpractices and misappropriation done by deceased - Asking deceased about details of accounts does not amount to abetment to commit suicide - FIR and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Once charges are framed u/s 228 Cr.P.C, High Court would not be justified in invoking its inherent jurisdiction u/s 482 Cr.P.C to quash proceedings in Sessions case except in those rare cases where forensic exigencies and formidable compulsions justify such a course...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 323, 357ka, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of proceedings - Compromise - Rape - Victims do not have the freedom to compromise the matter in heinous offences such as rape and molestation of minors - Proceedings cannot be quashed..........
Criminal Procedure Code, 1973, Section 154, 482 -- Quashing of FIR - Mala fide motive - Mala fide motives are required to be affirmatively pleaded and proved - Person against whom mala fide or bias is imputed should be impleaded as a party respondent to proceedings eo nomine and that in his/her absence no inquiry into allegations can be made...........
