Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 323, 504 -- Quashing of proceedings - Murder - Allegation that accused along with applicant poured kerosene oil on victim who sustained serious burn injuries and as a result she succumbed to death - From perusal of allegation made in FIR, statement of witnesses during investigation, charge..........
Criminal Procedure Code, 1973, Section 482, 228, Indian Penal Code, 1860, Section 302, 34 -- Quashing of charges - Murder case - There is sufficient ground for proceeding against accused and frame charges against accused - At the stage of framing charge, Court is not required to hold an elaborate enquiry, only prima facie case is to be seen - High Court committed error in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of summoning order - Misappropriation of Streedhan - Prima face case is made out against accused as per material on record and looking into facts of case - Disputed question of fact cannot be adjudicated upon u/s 482 Cr.P.C - Petition dismissed...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 506, 201, 120B, Criminal Procedure Code, 1973, Section 197, 482 -- Cheating - Quashing of proceedings - Applicant Principal of Primary Education Institution - Allegation that applicant helped father of accused of a rape case by changing date of birth in transfer certificate of minor victim - As regarding sanction..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Accused assaulted complainant with abuse and scuffle and also extended threat of dire consequences - Earlier to present incident accused committed same occurrence for which proceeding u/ss 107, 116 Cr.P.C was taken by..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 420, 468, 467, 471 -- Quashing of second FIR - Offence u/ss 420, 468, 467, 471 IPC - Both FIRs lodged against same accused in respect of same incident of same occurrence - Though complainant in both the FIRs is different person of same department who have lodged FIR on behalf of such..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of proceedings - Compromise - Allegation against accused is that he committed rape upon victim who is minor - Prima facie offence of rape is made out against accused - Role of other..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 420, 120B -- Quashing of proceedings - Cheating - Compromise - Parties have settled their dispute amicably - No possibility of accused being convicted in the case pending against him - No useful purpose would be served by keeping criminal proceedings pending - Proceedings..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 327, 34 -- Quashing of FIR - Offence u/ss 323, 341, 327, 34 IPC - Compromise - Parties have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - When once disputes have been settled by mutual compromise, then no useful..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354 -- Quashing of charge sheet - Outraging modesty of woman - Accusation of molestation by complainant against accused, who is real brother of her deceased husband - I.O submitted charge sheet and Magistrate applied its legal mind and thereby took cognizance u/s 354 IPC which was substantiated by..........
