Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Bharatiya Nyaya Sanhita, 2023, Section 115(2), 351(2), 351(3), 352, 310(2) -- Quashing of FIR - Compromise - Offence u/ss 115(2), 351(2), 351(3), 352, 310(2) of BNS - All the offences is inseparable and arises from a single transaction - Once High Court exercised its inherent jurisdiction to quash FIR with respect to..........
Indian Penal Code, 1860, Section 493, 496, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 493, 496 IPC - Quashing of proceedings - Ss.493, 496 IPC incorporated in final report filed by police u/s 173(2) Cr.P.C. - However, Court is prescribed from taking cognizance of offences except upon complaint made by aggrieved person - Petitioner cannot be compelled to..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Prosecutrix maintained sexual relationship with petitioner for 4 years before death of her husband, for 4 years after death of her husband and even after knowing about marriage of petitioner with another lady - Relationship between petitioner and prosecutrix..........
Indian Penal Code, 1860, Section 420, 506, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 558 -- Cheating - Quashing of FIR - Allegations against petitioner confined only to signing agreement to sell as an attesting witness, executed between complainant and co-accused qua which proceedings were already quashed - No averment or material on record to show that..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the stage of quashing, Court is not required to conduct a mini trial - Court has to only consider whether any sufficient material is available to proceed against accused or not - If sufficient material is available, power u/s 482 Cr.P.C. should not be exercised...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Prima facie allegations of harassment and demand of dowry are made out - However, despite that High Court quashed FIR against respondents primarily on the ground that earlier two complaints that were filed by appellant did..........
Bharatiya Nyaya Sanhita, 2023, Section 69, 318(4) -- Rape - Compromise - Quashing of proceedings - Prosecutrix is 28 years of age and petitioner No.1 is not turned 21 years of age on the date of offence - She is an illiterate person working as a housemaid and she did not know legal consequences or she did not have knowledge of age difference and marriageable age of..........
Criminal Procedure Code, 1973, Section 154 -- Two FIRs - Quashing of second FIR - Second FIR discloses new and distinct offences allegedly committed after registration of first case - Bar against a second FIR operates only where both relate to same incident or transaction - Test of sameness is not satisfied - Moreover, second FIR was registered pursuant to order of..........
Constitution of India, 1950, Article 226 -- Quashing of FIR - At the preliminary stage of investigation, Court is not inclined to embark upon a detailed appreciation of facts or evidence - Veracity of allegations of forgery, fabrication and use of false notarial seals is a matter for investigation and if warranted, trial...........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - Quashing of proceedings - Marriage between victim and appellant got solemnized during pendency of appeal before High Court - Victim herself expressed her desire to live a peaceful and stable family life with appellant, upon whom she is..........
