Criminal Procedure Code, 1973, Section 173 -- Final report - Once an FIR is registered and investigation is completed, police are legally bound to file a final report whether recommending prosecution or closure before jurisdictional Magistrate or Special Court...........
Criminal Procedure Code, 1973, Section 173 -- Final report - FIR registered as early as 2018 was closed internally in 2022 without any intimation to complainant or submission of final report to Court for nearly three years - Inaction on the part of officer who closed complaint, as well as indifference of subsequent officers who failed to verify and rectify lapse,..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of proceedings - Offence u/s 376 IPC is undoubtedly a grave and heinous nature - Ordinarily, quashing of proceedings involving such offences on the ground of settlement between parties is discouraged and should not be permitted lightly - However, power of Court..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to child - Order granting maintenance passed without there being any affidavit of disclosure of assets and liabilities on record - Nothing on record to show that requirement of filing such an affidavit was dispensed by trial Court - Order granting maintenance set aside - Matter remanded back to trial Court..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Both husband and wife settled their dispute before Family Court by entering into a memorandum of understanding/consent terms, based on which..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Though Ss.498-A and 377 of IPC and 3, 4 of DP Act are non compoundable, to secure ends of justice, Court should hold that provisions u/s 320..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - If parties settle their disputes amicably in order to live peacefully, it is duty of Court to encourage such actions by quashing FIR, charge..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 391, 401 -- Offence u/Ss.420, 467, 468, 471, 120-B IPC - Additional evidence at revision stage - Judgment of District Collector - Applicant had filed complaint before District Collector and was aware that judgment had been delivered by District Collector, therefore, applicant..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 228 -- Cheating - Framing of charge - Once accused is not told that he is facing charge of cheating the State, he cannot be held liable for cheating the State by holding that error was committed by Trial Court while framing charges...........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Revision - Cheating - Forged document - Revision court is neither required to interpret provision of Tenancy Act nor determine validity of sale deed, but has to see whether prosecution`s case regarding production of forged agriculturist certificate before..........
