Criminal Procedure Code, 1973, Section 239, 240 -- Discharge - Court shall give detailed reasons while passing an order of discharge - However, in the case of passing an order framing charge, Court need not assign detailed reasons...........
Criminal Procedure Code, 1973, Section 240 -- Charge - Proceedings of framing charge culminate only after plea of accused is taken as per S.240(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - When prosecution prima facie discloses commission of offence, which requires trial, Court, while exercising power u/s 482 Cr.P.C., will not venture into probative value of statements and will not assume the role of a trial Court by conducting a mini trial...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - When in a matrimonial dispute, in-laws are unnecessarily harassed and that prosecution has been maliciously instituted with an ulterior motive, then there is no bar on the power of Court to go into the materials and find out whether there are materials, which requires a trial...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 3(1) -- Quashing of proceeding - Offence u/ss 498-A, 406, 34 IPC, S.3(1) of Dowry Prohibition Act - Allegations against parents of husband - Omnibus allegations has been made against family members of husband - Petitioners have been unnecessarily..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Financial settlement - FIR u/s 306 IPC cannot be quashed on basis of any financial settlement with informant, surviving spouse, parents, children, guardians, care givers or anyone else...........
Criminal Procedure Code, 1973, Section 482 -- Withdrawal of complaint - Non-compoundable offence - Informant has no right in law to withdraw complaint of a non-compoundable offence of a grave, serious and/or heinous nature which impacts society...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where victim and offender have compromised disputes essentially civil and personal in nature, High Court can exercise its power u/s 482 Cr.P.C to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Heinous or serious crimes, which are not private in nature and have a serious impact on society cannot be quashed on basis of a compromise between offender and complainant and/or victim...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - In exercise of power u/s 482 Cr.P.C, Court does not examine correctness of allegation in complaint except in exceptionally rare cases where it is patently clear that allegations are frivolous or do not disclose any offence...........
