Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 147, 148, 149, 352, 323, 306, 504, 506 -- Anticipatory bail - Offence u/ss 147, 148, 149, 352, 323, 306, 504 & 506 IPC - Grant of anticipatory bail in a heinous case on the basis of CCTV footage produced by accused, without any kind of certification and/or authentication, ignoring the materials on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 324, 347, 385, 386, 143, 147, 148, 149, 427, 504, 506, 120B -- Bail - Attempt to murder - Role attributed to accused is that of being a prime conspirator - Existence of conspiracy and nexus between accused and assailants are matters for evidence and trial - Fact that informant and..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 326A, 504, 506 -- Discharge - Offence u/ss 326-A, 504, 506 IPC - Injuries caused by acid burn - Prima facie material to frame charge against accused - Discharge application rightly dismissed...........
Indian Penal Code, 1860, Section 379, 452, 504, 506, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 452, 504, 506, 147, 148, 149 IPC - Compromise - Quashing of proceedings - Entire dispute between parties compromised in 2022 - Case is pending since 2015 - Proceedings quashed on basis of compromise subject to deposit of exemplary cost of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(10)(15) -- Quashing of proceedings - Attempt to murder - High Court while quashing proceedings not discussed the allegations made against accused - There is no independent application of mind by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 341, 323, 504, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Compromise - Matrimonial offence - Settlement arrived at between parties - There is no societal interest involved in the case - Proceedings against petitioners quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 452, 308, 323, 504, 506 -- Quashing of FIR - Offence u/ss 376, 452, 308, 323, 504, 506 IPC - An application filed by first informant before I.O. that there was no physical relationship between her and accused - False FIR - FIR lodged on false allegations only to built pressure upon accused so..........
Indian Penal Code, 1860, Section 504, 506(2), 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Complaint lodged belatedly by complainant on the basis of listening of story from his wife - Delay is not explained in the complaint or in the evidence - Prima facie it appears that complaint itself is suspicious - Though..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Parties have arrived at amicable settlement voluntarily - Family Court declared the status of marriage no more in existence by mutual consent by rightly applying Muslim Personal Law - Proceedings against husband quashed...........
Indian Penal Code, 1860, Section 452, 527, 504, 506(2), 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Offence u/ss 452, 527, 504, 506(2), 114 IPC and S.3(1)(10) of SC/ST Act - Prior animosity between PW and accused - Incident happened in public place on main road - Evidence of independent witness cannot be considered,..........
