Juvenile Justice (Care and Protection of Children) Act, 2015, Section 77, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 77 JJ Act - Quashing of proceedings - Neither allegations related to S.77 JJ Act is corroborated by medical or psychological evidence nor allegation is sufficient according to written complaint and statement u/Ss. 161 and 164 Cr.P.C -..........
Constitution of India, 1950, Article 226, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - So long cognizance of offence is not taken, a writ or order to quash FIR/charge sheet could be issued u/art 226 of Constitution - However, once a judicial order of taking cognizance intervenes, power u/art 226 of Constitution though not available to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of Charge sheet - If evidence collected during investigation does not disclose alleged offence then charge sheet can be quashed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 94 -- Quashing of order - Summoning of document - Petitioner alleged that neither FIR u/Ss.112, 238, 316(2), 316(5), 318(4), 344 BNS was registered against it nor it was involved in internal affair/ management of institute R against whom FIR was registered - However, material collected during investigation revealed..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Complaint filed after 4 years from the incident without good explanation - Not only appellant was dragged into criminal proceedings but even parents of appellant were arrayed as accused - None of allegations levelled in complaint are substantiated by any other independent evidence on record -..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Quashing of proceedings - Plea of false implication - FIR and material on record revealed commission of offence u/s 307 IPC and intention to kill informant - Even, at stage of summoning it cannot be ascertained who fired with firearm in group of 16 persons - Proceedings..........
Jammu and Kashmir Criminal Procedure Code, 1860, Section 482 -- Quashing of proceedings - Pretrial stage - Power u/s 482 Cr.P.C. should not be used in routine manner at pretrial stage - It has to be used sparingly only in appropriate cases where it manifestly appears that there is legal bar against institution or continuance of proceedings or where allegations made in FIR..........
Jammu and Kashmir Criminal Procedure Code, 1860, Section 482 -- Quashing of proceedings - Disputed questions of facts and defence of accused cannot be taken into consideration at pre-trial stage...........
Bharatiya Nyaya Sanhita, 2023, Section 329(4), 232, 351(3), 3(5), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 329(4), 232, 351(3), 3(5) BNS - Issuance of non-bailable warrants - Quashing of order - Notice issued u/s 35(3) BNSS indicates that investigation agency did not initially intend to arrest accused - Neither any material on record nor any..........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Matrimonial offence - Settlement - Quashing of proceedings - Once marital relationship has ended in divorce and parties have moved on in their lives individually, continuation of criminal proceedings against family members, especially in absence of specific and..........
