Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, 34 -- Quashing of FIR - Cheating - Settlement was arrived at between complainant and petitioners alone - No settlement was arrived at with remaining accused - Dispute in question purely personal in nature - No public interest or harmony will be adversely affected by quashing proceedings..........
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Compromise - Abetment cannot be termed as offence of personal or private in nature - FIR cannot be quashed on the solitary ground of compromise without there being any mitigating circumstances as it will be dangerous proposition to be laid when compromise is..........
Protection of Children from Sexual Offences Act, 2012, Section 33(5), Criminal Procedure Code, 1973, Section 311 -- Recall of child witness for cross-examination - Offence u/s 376(3) IPC - Application for recall of child witness rejected on the ground that S.33(5) of POCSO Act provides that repeated attendance of child should be avoided - However, matter was never taken up..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While rejecting application for anticipatory bail, Court cannot direct arrest of accused, as such aspect is required to be left for investigating agency to examine and to take such steps as may be permissible in law and as may be required...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 182, 211, 120B -- Quashing of FIR - Compromise - Offence u/ss 420, 406, 182, 211, 120-B IPC - Compromise arrived at between parties - Although offence u/ss 406, 420 IPC are compoundable with permission of Court, but Offence u/ss 182, 120-B, 211 IPC are not compoundable u/s 320 Cr.P.C -..........
Criminal Procedure Code, 1973, Section 188 -- Sanction u/s 188 Cr.P.C - S.188 Cr.P.C gets attracted when entirely of offence is committed outside India - Since part of offence was committed in India, offence could be tried by Indian Courts - Matter thus, would not come within scope of S.188 Cr.P.C - There was no necessity of sanction as mandated u/s 188 Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Computation of period of detention - If an additional or new offence(s) are found to be made out by investigating authority against an accused then computation of period as laid down u/s 167 Cr.P.C would be done afresh...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If a bail application u/s 167(2) Cr.P.C seeking default bail filed after filing of charge sheet, even if charge sheet has been filed after expiry of prescribed statutory time limit under said provision of law, bail application would not be maintainable...........
Criminal Procedure Code, 1973, Section 102 -- Seizure of property u/s 102 Cr.P.C - Police possesses power to seize property u/s 102 Cr.P.C only if property is alleged or suspected to have been stolen or which creates suspicion of commission of an offence...........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Condition of furnishing bank guarantee - Neither allegation in FIR that car in question procured by cheating complainant nor it is the case that accused has used the car for purpose of cheating complainant - Seizure of car u/s 102 Cr.P.C is thus, unwarranted - More so, even the condition of..........
