Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 451, 506 -- Quashing of FIR - Rape - Compromise arrived at between parties - Parties got married with each other - Victim endorsed the compromise arrived at with accused and now they are living happily under one roof - FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Appeal against order granting bail - Brutal murder of son of complainant committed by accused - Postmortem report of deceased would indicate as many as eight ante mortem injuries - Bail granted having regard to the larger mandate of Art.21 of the Constitution - Though protection of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 354, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Anticipatory bail - Offence u/ss 363, 366, 354 IPC and S.10 of POCSO Act - Prosecutrix aged about 15 years went with accused voluntarily - However, co-accused subsequently joined them - Anticipatory bail denied to..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii), 340, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, 191, 192, 193 -- Explanation 2 - False evidence - At stage of investigation and prior to commencement of trial - Bar against taking of cognizance under Section 195(1)(b)(i) - Accused by..........
Criminal Procedure Code, 1973, Section 2(i), 195(1)(b)(i), (ii), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 193 -- Explanation 2 - Fabricated document - Fabricated evidence neither given on oath before Investigating Officer, nor Investigating Authority is "Court" for fabrication of document - Thus, investigation conducted..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Quashing of proceedings - Complaint/FIR/charge sheet disclosing commission of offence - Simply because there is remedy provided for breach of contract or arbitral proceedings initiated at the instance of appellant, that does not by itself clothe the Court to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 34 -- Quashing of proceedings - Cheating - Dispute as to agreement to sell executed between parties - Ingredients of offences in question cannot be said to be absent on basis of allegations in FIR/complaint/charge sheet - Though FIR/charge sheet indeed reveal commercial transaction but..........
Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Question as to whether statement in a given case falls under any of the ten exceptions to S.499 of the Code have to be decided only after trial...........
Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Two defamatory statements were made by accused against complainant - As far as first statement is concerned, it is doubtful whether it would attract ingredients of offence defined u/s 499 IPC as against accused - However, second statement that..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 307, 323, 342, 147, 148, 149, 508 -- Cancellation of bail - Double murder case - Accused granted bail on basis of parity with co-accused - However, bail granted to co-accused was cancelled - Since bail was sought by accused on a footing of parity, bail granted to accused also stands..........
