Indian Penal Code, 1860, Section 376, 354, 506, 419, 467, 471, 474, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 419, 467, 471, 474, 376, 354, 506, 34 IPC - Compromise - Quashing of FIR - Petitioner Akhtar falsely represented himself as Shiva promised marriage and had physical relationship - Marriage certificate found to be fake and petitioner could not..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Revision against - High Court in its revisional jurisdiction did not examine the correctness of summoning order rather dismissed revision on basis of subsequent fact - Subsequent proceeding in no manner can be a ground not to consider correctness and validity of summoning order - High Court completely erred..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 482, 320 -- Offence u/s 377 IPC and S.4 of POCSO Act - Non compoundable offences - Amicable settlement - While exercising power u/s 482 Cr.P.C. to quash criminal proceedings for non compoundable offences on the basis of compromise,..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of FIR - Compromise - Unnatural offence - Merely because father of victim has decided to enter into compromise with accused, Court cannot permit quashing of FIR, particularly when heinous offence against a small..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of FIR - Compromise - Unnatural offence - Victim is a small boy of seven years - Offence alleged against accused is grave - Father of victim cannot be permitted to settle dispute with accused, as he is not a..........
Criminal Procedure Code, 1973, Section 439, Arms Act, 1959, Section 25, Unlawful Activities (Prevention) Act, 1967, Section 10, 3, 15, 16, 17, 18, 18B -- Bail - Offence u/s 25 of Arms Act and Ss.10, 3, 15, 16, 17, 18, 18-B of Unlawful Activities Act - Petitioner was not named in FIR and was only roped on basis of disclosure statement of co-accused - Such statement is yet..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 308, 34, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(a), 3(2)(v) -- Bail - Murder - FIR registered in 2019 - Police completed investigation after approximately 1 year and 3 months - Trial of case is yet to start - Even charges have not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife having no independent source of income - Allegation of adultery made against wife by husband had no foundation - Materials on record shows that wife has made allegations of harassment, torture and demand of dowry and she filed a criminal case against husband - Maintenance to wife @ Rs.3000 each for..........
Criminal Procedure Code, 1973, Section 438 -- Successive anticipatory bail applications - Ought not to be entertained, more so, when case diary and status report clearly indicated that accused is absconding and not cooperating with investigation...........
Criminal Procedure Code, 1973, Section 432, 433 -- Remission - District Magistrate of all districts in State of U.P shall reevaluate cases for remission after 14 years of incarceration as per mandate of Ss.432, 433 Cr.P.C even if appeals are pending in High Court...........
