Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 379B, 427, 506, 147, 148, 149 -- Bail - Attempt to murder - Petitioner is behind bars from last 1 year 11 months and 24 days as on 29.4.2025 - Out of 42 PWs only 8 PWs have been examined till date - Conclusion of trial will take considerable long time - No useful purpose would be served..........
Indian Penal Code, 1860, Section 498A, 323, 355, 504, 34, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 498-A, 323, 355, 504, 34 IPC - Quashing of FIR - Compromise between the parties - Complainant testified that she had compromised the matter with accused voluntarily without any influence from any person, and she was residing happily in her..........
Indian Penal Code, 1860, Section 377, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Unnatural Offences - Quashing of FIR - Compromise between parties - Offence u/s 377 IPC is similar to an offence punishable u/s 376 IPC, which is heinous and against society - Offence u/s 377 being heinous and against society, cannot be quashed while exercising inherent..........
Indian Penal Code, 1860, Section 377, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Unnatural Offences - Quashing of FIR - Compromise between parties - Accused alleged that offence u/s 377 IPC was falsely introduced during investigation - However, High Court cannot go into the truthfulness or otherwise of the allegation made in the complaint - Allegation alleged..........
Indian Penal Code, 1860, Section 34, 149 -- When multiple accused share common intention/common object to commit a crime, it is irrelevant to determine the exact role played by each of them in the assault...........
Indian Penal Code, 1860, Section 498A, 324, 355, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against husband - Allegation of throwing chilli powder and assault on wife by husband and other in-laws is not only supported by wound certificate which discloses simple injury but also statement of neighbour - It cannot be..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere quarrels or fights in a marriage or family, do not amount to abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere harassment may not be enough for abetment - There must be active instigation...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely because some persons are named in suicide note, they cannot be presumed to be guilty...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Higher proof of instigation is required where a person is emotionally or mentally vulnerable due to depression and other psychiatric problems - Every case of suicide does not amount to abetment and therefore Court has to see whether conduct of accused was such that a normal person, not merely a hyper sensitive..........
