Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Charge sheet is bereft of particulars and details required and mandated in terms of S.173(2) Cr.P.C - It merely reproduces the contents of FIR - However, FIR does not state the material and evidence available and collected during course of..........
Criminal trial -- Res judicata - Principle of res judicata is equally applicable in criminal matters...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Res judicata - Complainant cannot maintain a prosecution on basis of allegations which were precisely his defence in earlier proceedings wherein he was accused - Criminal proceedings quashed on this ground alone...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Matrimonial dispute - While exercising power u/s 482 Cr.P.C., Court is not required to test the correctness of allegations - But in matters arising from matrimonial disputes, particularly where the allegations are levelled after many years of marriage and that too, after one party initiates divorce..........
Indian Penal Code, 1860, Section 498A, 114, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegations against parents of husband - Quashing of proceedings - Allegations against parents of husband are only of extending taunts and of not parting with the money for managing household expenses - Specific details in respect of those taunts have not been disclosed -..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - No person can unlawfully obstruct or create nuisance on a public place or over any way and if it has been done or construction is raised, same is liable to be removed u/s 133 Cr.P.C - Merely because it may not have completely created obstruction to public, it cannot be said that person, who has..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute involved is primarily of civil nature - Aggrieved party if any, would have been Bank which has no grievance against appellants - Further, no loss has been caused to Bank as is apparent from calculations presented by..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376D, 397, 376(3), 376(DA), 395, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Juvenile - Bail - Rape - Appellant belongs to a poor and uneducated family belonging to a Scheduled Caste community, struggling for its sustenance and appellant was..........
Indian Penal Code, 1860, Section 376 -- Rape - Appellant was aged about 19 years on the date of incident - He is in jail for the last twenty five years - Appellant had no previous criminal history - Thus, having considered the facts in their entirety and after taking into account manner of commission of offence, age of appellant and fact that there was no prior criminal..........
Criminal Procedure Code, 1973, Section 428 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.468) - Set-off - Set-off period u/s 428 Cr.P.C. neither regarded as part of sentence imposed nor can be counted in computing quantum of remission...........
