Protection to life and liberty -- Police protection - Guidelines in dealing with habeas corpus petitions, viz. (i) Such must be given a priority in listing and hearing before the Court - A Court must avoid adjourning the matter, or delays in the disposal of the case; (ii) In evaluating the locus standi of a partner or friend, Court must not make a roving enquiry into the..........
Criminal Procedure Code, 1973, Section 311 -- Complainant as its own witness - Complainant sought adjournments time and again and she deliberately chose not to get herself examined on some or the other pretext - Accused also has a right to expeditious conclusion of trial - Complainant is merely trying to one way or the other, ensure that criminal case does not meet its end..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 467, 468, 472, 120B, Essential Commodities Act, 1955, Section 13 -- Quashing of complaint - Cheating - Entire dispute is of a civil nature arising out of commercial transaction - No allegation that accused company was involved in any manner with transaction between A-2 and complainant -..........
Criminal Procedure Code, 1973, Section 482, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3(1) -- Quashing of FIR - Offence u/s 3(1) of 1986 Act - Accused exonerated in the offences involving ant-social activities as defined u/s 2(b) of 1986 Act - For continuing the prosecution under 1986 Act, accused must be prosecuted for any one or..........
Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Compromise - Non-compoundable offence - High Court has power to allow compounding of a non-compoundable offence and quash the prosecution u/s 482 Cr.P.C, where it feels that same is required to prevent abuse of process of law or otherwise to secure the ends of justice - Such power is not confined..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Prohibition of Child Marriage Act, 2006, Section 9 -- Rape - Quashing of proceedings - Accused is alleged to have married a minor girl/victim - Correct date of birth of victim is yet to be ascertained - Even if victim is found to be below 18 years at the time of..........
Protection of Women From Domestic Violence Act, 2005, Section 3 -- Economic abuse - Disposal of household effects to which wife had an interest and was entitled to use by virtue of domestic relationship brings the case within ambit of economic abuse as provided u/s 3 of the Act...........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Mere abuse may not come within purview of S.504 IPC - However, in judging whether particular abusive language attract S.504 IPC, Court has to find out what in ordinary circumstances would be the effect of abusive language used and not what complainant actually did as a result of his peculiar idiosyncrasy or cool..........
Indian Penal Code, 1860, Section 379, 380, 34 -- Theft - Dispute between two brothers regarding theft of a Will left by their father - Civil suit filed by accused stands dismissed and appeal against the same also dismissed - It can thus, safely be said that criminal proceedings are nothing but an abuse of process of law - Moreover, ingredients of Ss.379, 34 IPC were..........
Indian Penal Code, 1860, Section 507 -- Criminal intimidation by anonymous communication - No anonymous communication made by accused - Complainant appears to be twinning a story to get hold of accused which if permitted would become an abuse of process of law and result in mismarriage of justice - FIR quashed...........
