Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 323, 357ka, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of proceedings - Compromise - Rape - Victims do not have the freedom to compromise the matter in heinous offences such as rape and molestation of minors - Proceedings cannot be quashed..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of proceedings - Victim and accused used to chat on facebook and with passage of time developed love and intimacy and with consent of family members their marriage was settled - But appellant refused to marry victim before wedding and victim consumed some..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of charge sheet - Any defence of accused which has yet to be placed before Trial Court cannot be examined - Stage of placing defence version does not arise at sage of charge sheet - Petition dismissed...........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consented to go with accused with active understanding of circumstance of action and consequences of proposed act - She had sufficient opportunity to disclose, the inducement or threat posed by accused to her family members but she kept everything..........
Indian Penal Code, 1860, Section 376, 377, 498A, 354, 506(2), 420, 406, 34 -- Rape and cheating - Quashing of FIR - Allegations against petitioner are baseless and without any substance - Allegations in FIR and final report, even if taken at their face value, do not prima facie constitute any offence or make out a case against petitioner - FIR against petitioner quashed...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Compromise - Prosecutrix and accused are lovers and were living together for two years - Accused made a proposal to marry her and developed sexual relations with her and later on he refused to marry her and hence FIR was lodged - However, now prosecutrix has married..........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix is a widow having two children - Instances of rape which allegedly began from 13.7.2017 are reported to police first time directly on 30.1.2018 i.e after six months - There was long standing acquaintance between accused and..........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Allegation that accused forcibly took away ornaments of prosecutrix - However, said allegation is false and afterthought because jeweller with whom said alleged ornaments were mortgaged stated that he knew accused as well prosecutrix, as..........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Solemnization of second marriage by husband - Allegations against husband and relatives of husband - Quashing of proceedings - Statements of witnesses shows that all the accused had prima facie actively encouraged husband to perform second marriage, they themselves had arranged..........
Indian Penal Code, 1860, Section 376, 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 482 -- Subsequent marriage of accused with prosecutrix would not dilute the offence under POCSO Act or under S.376 IPC - Petition for quashing dismissed...........
