Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 451, 506 -- Quashing of FIR - Rape - Compromise arrived at between parties - Parties got married with each other - Victim endorsed the compromise arrived at with accused and now they are living happily under one roof - FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Appeal against order granting bail - Brutal murder of son of complainant committed by accused - Postmortem report of deceased would indicate as many as eight ante mortem injuries - Bail granted having regard to the larger mandate of Art.21 of the Constitution - Though protection of..........
Indian Penal Code, 1860, Section 498A -- Complainant not wife of accused - Proceedings rightly quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 354, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Anticipatory bail - Offence u/ss 363, 366, 354 IPC and S.10 of POCSO Act - Prosecutrix aged about 15 years went with accused voluntarily - However, co-accused subsequently joined them - Anticipatory bail denied to..........
Indian Penal Code, 1860, Section 366A, 376 -- Kidnapping and rape - Testimony of prosecutrix - Prosecutrix suppressed some material fact regarding her kidnapping and rape, as she never made any protest or alarm while travelling along with accused to different places nor she made any protest when she was voluntarily going on foot with accused to marry him - House inmates..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix was voluntarily in physical relation with accused and said relationship was known to others also - There is no evidence that accused was in physical relation with prosecutrix with intend to defraud her - Subsequent conduct of non-solemnization of marriage with prosecutrix, cannot be termed as fraudulent act on the..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii), 340, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, 191, 192, 193 -- Explanation 2 - False evidence - At stage of investigation and prior to commencement of trial - Bar against taking of cognizance under Section 195(1)(b)(i) - Accused by..........
Criminal Procedure Code, 1973, Section 2(i), 195(1)(b)(i), (ii), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 193 -- Explanation 2 - Fabricated document - Fabricated evidence neither given on oath before Investigating Officer, nor Investigating Authority is "Court" for fabrication of document - Thus, investigation conducted..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Quashing of proceedings - Complaint/FIR/charge sheet disclosing commission of offence - Simply because there is remedy provided for breach of contract or arbitral proceedings initiated at the instance of appellant, that does not by itself clothe the Court to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 34 -- Quashing of proceedings - Cheating - Dispute as to agreement to sell executed between parties - Ingredients of offences in question cannot be said to be absent on basis of allegations in FIR/complaint/charge sheet - Though FIR/charge sheet indeed reveal commercial transaction but..........
