Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 406, 498A, 506, 120B -- Quashing of FIR - Compromise - Offence u/ss 323, 406, 498-A, 506, 120-B IPC - Parties entered into compromise after conviction of accused - Compromise not only brings peace and harmony between parties to a dispute, but also restores tranquility in society - It is thus,..........
Criminal Procedure Code, 1973, Section 482, Copyright Act, 1957, Section 63, Indian Penal Code, 1860, Section 479, 481, 482, 483 -- Quashing of chargesheet - Infringement of copyright - Petitioner allegedly continued using registered logo and shared it with another company post expiry of agreement - FIR clearly making out case u/s 63 of the Act - In instant case since..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Argument between deceased and accused accompanied by pushing and pulling on record as per evidence of PW16 and PW19 - Injuries sustained by deceased as reflected in autopsy report and statements of PW16 & PW19 establish that accused had taken undue advantage and acted in a cruel manner by inflicting..........
Indian Penal Code, 1860, Section 342 -- Illegal confinement of unsound mind lady by her own brother - Statement of victim was not recorded u/s 161 Cr.P.C, as she was a mentally unsound person - Even victim was not examined, as she expired during trial of case - It could not be established by prosecution as to whether victim was competent to testify or not and mandate of..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Filing a complaint to statutory authority to cancel an arms license issued to a person for certain specific reasons, same does not amount to defamation as contained in S.499 IPC...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - To attract definition of offence of defamation as contained in S.499 IPC, imputation should have been made or published...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 186, 353, 427, 148, 149, 379, 506, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Bail - Offence u/ss 307, 186, 353, 427, 148, 149, 379, 506 IPC and S.21 of 1957 Act - Petitioner is not named in FIR - No specific part in the form of causing injury to any of public..........
Criminal Procedure Code, 1973, Section 195, 352, Indian Penal Code, 1860, Section 174 -- Cognizance of offence - Offence u/s 174 IPC - S.352 Cr.P.C creates an embargo on a judge of criminal Court or a Magistrate except a judge of High Court from trying any person for offences referred to in S.195 Cr.P.C. - It is thus, not proper for Special Judge to have taken cognizance..........
Indian Penal Code, 1860, Section 509, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Calling a woman, even to one's own wife, a prostitute and to call her that earns the money by indulging in prostitution - Amounts to insulting modesty of a woman - There is thus, prima facie evidence to indicate that offence falls u/s 509 IPC - Prosecution is thus,..........
Indian Penal Code, 1860, Section 294 -- Offence u/s 294 IPC - Essential ingredients of the offence are commission of obscene act at public place...........
