Bharatiya Nyaya Sanhita, 2023, Section 115(2), 110, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 115(2), 110 BNS - Compromise - Quashing of FIR - Parties to lis have resolved their dispute amicably and do not wish to continue criminal proceedings and have jointly prayed for quashing of same - Though offences in question are not compoundable, but..........
Indian Penal Code, 1860, Section 376, 384, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Complainant, being a highly qualified major woman continued in a consensual intimate sexual relationship with appellant over a period of 16 years - On many occasions, complainant even portrayed herself to be wife of appellant thereby,..........
Indian Penal Code, 1860, Section 174A -- Proclaimed offender - Main criminal trial stands concluded wherein petitioner has been acquitted so the continuation of proceedings to FIR in question are nothing but an abuse of process of Court - FIR u/s 174-A IPC quashed subject to payment of costs of Rs.35,000/-...........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Neither FIR nor final report u/s 173 Cr.P.C. contain a whisper with respect to any inducement, fraud or dishonesty made by petitioners - No such deceitful act was adopted - Only apparent reason to lodge FIR in question is to wreak vengeance due to ongoing matrimonial discord - Proceedings quashed...........
Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 2, 3 of Act of 1986 - Quashing of FIR - Allegation that appellants being member of gang led by A-1 were involved in three criminal cases - However, said criminal cases do not appear to fall within the net of violence or threat..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - None of ingredients required in law to make out a case u/s 306 IPC to be even remotely mentioned in the charge-sheet or are being borne out from the material on record - Utterance attributed to appellants assuming it to be true cannot be said..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against distant relatives of husband - No allegations of harassment made against petitioners - Parties never shared a residence and her parents approached petitioners for resolution of issues - It does not appear that petitioners were..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 506 -- Quashing of proceedings - Offence u/ss 448, 506 IPC - Long standing civil dispute between parties - Respondent No.2 is in the habit of filing false cases against appellants and his family members - Allegations in the FIR are totally absurd - When respondent No.2 has not filed any suit,..........
Indian Penal Code, 1860, Section 498, 323, 504, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498, 323, 504 IPC - FIR is nothing but a concocted story of demand of dowry by making general and vague allegations against applicants - Final report was filed on the basis of compromise which indicates that articles, gold items and other goods belonging to dowry were..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offence against society - If any FIR has been lodged by a particular person relating to offence against society then on the basis of compromise between accused and informant, proceedings cannot be quashed which are against public at large...........
