Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At least there has to be some factual supporting material for what has been alleged in the FIR - Completely missing in the instant case - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - It is not in dispute that there is no suicide note of deceased - No overt act has been attributed to present petitioner to show that petitioner had instigated or aided commission of suicide - FIR has been registered on account of doubt/suspicion and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 354, 506, 34 -- Quashing of FIR - Allegation of beating complainant and his wife and outraging modesty of wife of complainant - FIR cannot be quashed merely on the ground that it was lodged as a counter blast to the complaint of accused against complainant - Allegations whether..........
Indian Penal Code, 1860, Section 363, 143, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim categorically stated that she used to talk to accused on phone and both decided to marry each other of their own free will and volition - She left the house voluntary with accused and married each other voluntarily and started living together in..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - First FIR pertained to offences committed in the year 2019 after assurance was given by husband not to harass wife for dowry and treat her properly - However, despite assurance, all accused continued their demands and harassment - Second FIR though distinct and independent and based on separate transaction, but..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Actual delay if any is only of three hours, which is acceptable in facts and circumstances of the case - Moreover, delay has been sufficiently explained in complaint itself, as sister of victim told to victim that they will wait for their mother to return from vegetable business - Moreso, it..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Conducting or not conducting preliminary inquiry is the domain of I.O on which basis FIR cannot be quashed...........
Indian Penal Code, 1860, Section 307, 336, 452, 148, 149, Arms Act, 1959, Section 25, 27, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Quashing of FIR - Compromise arrived at between parties - However, reasons mentioned for compromise are not valid reasons for entering into compromise - Complainant made statement on oath in which he simply stated that..........
Indian Penal Code, 1860, Section 420, 384, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Complainant alleged in the complaint that accused misbehaved with him and his wife on mobile phone twice or thrice using abusive languages and threatened them with dire consequences - It is not alleged in the complaint that accused or her family..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 341, 34, 302, 307, 201, 120B -- Bail - Offence u/ss 323, 325, 341, 34, 302, 307, 201, 120-B IPC - It is not disputed that petitioner was not named in FIR and as per FIR there were 3 persons who had inflicted injuries upon father of complainant - Even, as per prosecution case, neither any..........
