Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 458, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 427, 458 IPC and S.3(2)(v) of SC/ST Act - FIR can be quashed even in offences under SC/ST Act - However, compromise must be with..........
Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506 IPC and S.3(2)(va) of the Act - Presence of accused on the spot is not shown by informant in the FIR - Cognizance of offences in question against accused is not possible - Order of cognizance set aside...........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing FIR - Rejection of petition without going into merits of the case made out by appellant - Impugned order set aside - Matter remitted for decision afresh...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecution has a case that initially proposal of marriage of prosecutrix with accused was accepted by his family and only then accused refused the offer of marriage, FIR was finally lodged - All these factors point out towards the fact that what was alleged as rape was not rape but could be consensual act - Prosecution failed..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Quashing of FIR - Kidnapping - Allegations in FIR that victim is minor stands established from material on record and FIR contain the ingredients of a cognizable offence - FIR cannot be quashed - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Quashing of FIR - Kidnapping - Allegations in FIR that victim is minor stands established from material on record and FIR contain the ingredients of a cognizable offence - FIR cannot be quashed - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused was not initially named in the FIR - It was only when complainant saw the CD he came to know that accused was also one of accomplices of offenders - However, said CD has not come in evidence before trial Court - Statement of complainant alone cannot form basis to summon accused as an..........
Indian Penal Code, 1860, Section 306, 420, 120B, 34 -- Abetment of suicide - FIR and suicide note do not disclose any specific act or conduct on the part of accused or his brother which would amount to harassment or instigation committed with necessary mens rea other than the initiation of proceedings under Negotiable Instruments Act - It cannot be held that accused had..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Complainant/son of accused had not chosen to explain circumstances under which he was compelled to lodge FIR against his own father for murder of his mother - It was for accused to explain the situation either by way of cross-examination or through his explanation furnished in the statement u/s 313 Cr.P.C..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
