Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Bharatiya Nyaya Sanhita, 2023, Section 351(3), 324(4), 296, 126, 118(1), 115 -- Quashing of FIR - Compromise - Offence u/ss 351(3), 324(4), 296, 126, 118(1), 115 BNS - Victim/complainant have genuinely effected a compromise with petitioner and they have no objection if FIR and consequential proceedings are quashed -..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 376(2)(n) -- Framing of charges - Rape - Promise to marriage - Not even single averment made in complaint that accused refused to marry victim or that marriage between them became impossible - Even, parties maintained relationship for 5 long years which makes it difficult to hold that sexual..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Parties directed to maintain status quo on spot viz. possession - Such order does not put any fetters upon parties to raise construction on the suit property - There is no need for any party to seek permission of Court for raising construction over portion of suit property which was in their possession -..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately for the last 12 years - Multiple failed attempts at reconciliation, indicate that there is no possibility of reunion - Marriage between parties dissolved by granting decree of divorce...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C. - Tehsildar specifically mentioned in his report that drain was constructed for discharging water of house of complainant and one `K' - Respondent constructed the house which caused blockage of drain - Complainant admitted that he had not specified khasra number of drain - No demarcation was obtained..........
Practice and Procedure -- Parties have to prove their own case and Court will not function in the aid of party for collecting evidence...........
Registration Act, 1908, Section 17 -- Registration - Compromise decree - It is only in case of compromise decree where property is not the subject matter of suit, but compromise has been arrived at between parties, decree needs to be registered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for compliance of compromise and permanent injunction - Civil Court has jurisdiction to try suit for compliance of compromise arrived at between parties - Plaint cannot be rejected...........
Partition suit -- Sanad Takseem - Merely on account of fact that one of co-sharers has expired just a few days prior to drawing of Sanad Takseem, said fact would not take away effect of partition effected between parties - Even otherwise, if Sanad Takseem has been drawn in favour of co-sharer who is stated to have expired in that eventuality LRs of said co-sharer can very..........
Indian Penal Code, 1860, Section 498A, 323, 355, 504, 34, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 498-A, 323, 355, 504, 34 IPC - Quashing of FIR - Compromise between the parties - Complainant testified that she had compromised the matter with accused voluntarily without any influence from any person, and she was residing happily in her..........
