Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death by rash and negligent act - Compromise - Quashing of FIR - Incident occurred at a workplace involving shuttering and structural activity, where two labourers have lost their lives after allegedly falling from a beam - Determination of role of petitioners, nature of their duties and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offences which have serious impact on Society cannot be quashed merely on basis of compromise between parties...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Co-operating with investigation does not extend to violation of constitutional right against self incrimination...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant has joined and is co-operating with investigation - Anticipatory bail denied to accused on the ground that he has not handed over his mobile phone - It is for State to complete investigation in accordance with due procedure, but it cannot insist upon appellant incriminating himself -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Question whether a cheque was issued by way of security or in discharge of a legally enforceable debt is essentially a matter of evidence and cannot ordinarily be adjudicated in proceedings u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint on its face discloses ingredients constituting an offence u/s 138 of N.I Act - Even if plea of petitioner that cheque was issued as security or that liability stood discharged, is taken at face value, such pleas are matters..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Nothing is found that promise was there from inception of long standing relationship and prosecutrix engaged in sexual relations on basis of such promise - Rather, case would be an instance of consensual sexual relationship with subsequently turned..........
Indian Penal Code, 1860, Section 313, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 313 IPC - Allegations do not inspire confidence to construe an offence constituted u/s 313 Cr.P.C. - Offence took place long back in the year 2020 and prosecutrix further continued with relationship till 2022 - Proceedings quashed...........
Indian Penal Code, 1860, Section 417, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 417 IPC - Prosecutrix allegedly induced to go for sexual relationship but they travelled together voluntarily on multiple occasions, stayed together and conducted in the manner akin to husband and wife - Such conduct indicates mutual consent and companionship rather then..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Not answering to questions of investigating officer, would not ipso facto mean there is non-cooperation...........
