Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Frivolous and vexatious proceedings - In frivolous or vexatious proceedings, Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 354(A), Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of FIR - Rape case - Victim has not furnished any information in regard to date and time of commission of alleged offence - Investigation has been completed and charge sheet is ready to be filed - In..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Criminal antecedents of accused cannot be the sole consideration to decline to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Court while exercising its jurisdiction u/s 482 Cr.P.C or Art.226 of Constitution need not restrict itself only to the stage of a case but is empowered to take into account overall circumstances leading to initiation/registration of case as well as the..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay in registration of FIR by itself cannot be a ground for quashing FIR - However, delay with other attending circumstances emerging from record of the case rendering the entire case put up by prosecution inherently improbable, may at times become a good ground to quash FIR and consequential..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Court while exercising its jurisdiction u/s 482 Cr.P.C or Art.226 of Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding an application u/s 482 Cr.P.C, it is not permissible for High Court to go into correctness or otherwise of material placed by prosecution in charge sheet...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Uncontroverted allegations made in the FIR and charge and evidence collected in support of the same do not disclose the commission of any offence against accused - Proceedings rightly quashed...........
Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of proceedings - Allegations against accused are of very trivial nature - Cross-complaints filed by parties against each other - No progress made in proceedings since charge sheet was filed against accused in the year 2015 - Continuing the proceedings would be a persecution and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 471, 468, 467, 120B, 34 -- Quashing of proceedings - Cheating - Allegation that wife allegedly left matrimonial home after 29 years of marriage with ornaments/accessories worn on regular basis being a Traditional Bengali married women, cannot be basis of a criminal case between married..........
