Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Compromise - Prosecutrix and accused are lovers and were living together for two years - Accused made a proposal to marry her and developed sexual relations with her and later on he refused to marry her and hence FIR was lodged - However, now prosecutrix has married..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law, once main dispute between parties has already ended -..........
Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of one out of two partners during pendency of appeal - Appeal does not abate - Death of one of the partners does not foreclose the continuation of civil proceedings initiated by the firm...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Incurable mental ailment of wife - Husband earlier filed divorce petition but to give a second try to his matrimonial life he compromised the matter - However, after compromise behavior of wife did not change and she continued with her bad behavior - Continuation of bad behavior by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 447 -- Quashing of proceedings - Compromise - Offence u/ss 307, 323, 447 IPC - Complainant did not receive any injury on any vital part of his body so as to constitute attempt to murder - Merely because FIR/charge sheet incorporates provision of S.307 IPC would not by itself be a ground..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Compromise - Cruelty - Dowry demand - Matrimonial dispute between husband and wife should be quashed when parties have resolved their entire dispute amongst themselves through compromise - Even, conviction of accused..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Offence u/ss 13(1)(d), 13(2) of the Act - Allegation relating to accused's disproportionate income in the period between 1974 and 1988 was levelled in an FIR filed 12 years after said period concluded - Charge sheet was filed seven years after registration..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Main petition withdrawn - Once very petition stands withdrawn on the basis of compromise, continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all subsequent proceedings quashed...........
Drugs and Cosmetics Act, 1940, Section 34 -- Sub-standard drug - Offence by partnership firm - No averments in complaint that petitioners are either incharge or responsible for conduct of day-to-day business of partnership firm - Continuation of proceedings against petitioners on the basis of complaint would be an abuse of process of law - Proceedings qua petitioners..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent of both husband and wife recorded on 03.01.2020 and case fixed for judgment for 06.01.2020 - Case was again reopened on 06.01.2020 and thereby the case came within the ambit of `hearing' again and on that date unilateral consent of husband was recorded - Court having reopened the case for hearing,..........
