Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Bharatiya Nyaya Sanhita, 2023, Section 351(3), 324(4), 296, 126, 118(1), 115 -- Quashing of FIR - Compromise - Offence u/ss 351(3), 324(4), 296, 126, 118(1), 115 BNS - Victim/complainant have genuinely effected a compromise with petitioner and they have no objection if FIR and consequential proceedings are quashed -..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 323, 324, 427, 447, 504, 506 -- Quashing of proceedings - Compromise - Attempt to murder - Offence u/ss 323, 324, 427, 447, 504, 506 IPC in question are compoundable offences as per S.320 Cr.P.C and offence u/ss 307, 324 IPC are non-compoundable offences - However, since offences arise from..........
Ranbir Penal Code, 1989, Section 376, 506 -- Rape - False promise of marriage - Quashing of FIR - Victim and petitioner were major on the date of incident - They maintained their relations for six to seven long years - FIR was lodged only after petitioner did not accede to demand made by victim to send a proposal of his marriage to her parents and prior to that, no..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating & Criminal breach of trust - Quashing of FIR - Non payment of sale price - Does not amount to cheating and criminal breach of trust - FIR quashed...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - FIR is filed showing that appellant had an intention to cheat and commit breach of trust - However, documents on record belie the allegations in FIR - Mere civil dispute has been given the colour of an offence of cheating and criminal breach of trust - By..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Report of investigating agency thus, cannot be relied on by High Court while exercising powers u/s 482 Cr.P.C...........
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 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..........
