Criminal Procedure Code, 1973, Section 482 -- Quashing of order passed in proceedings under Hindu Marriage Act - Inherent powers of High Court u/s 482 Cr.P.C can be invoked in respect of proceedings pending before or disposed of by criminal Courts - Such powers cannot ordinarily be exercised in relation to orders passed by an authority not functioning under Cr.P.C or in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(2)(N) -- Bail - Rape of minor daughter by her own father - Medical examination report of victim shows that she was subjected to sexual intercourse - Accused was capable to perform sexual intercourse as per his medical report - Incarceration of accused is necessary in the interest of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing - If a petition u/s 482 Cr.P.C. is filed at the stage of FIR, in that case allegations in FIR/Complaint only are required to be considered and whether a cognizable offence is disclosed or not is required to be considered...........
Criminal Procedure Code, 1973, Section 482 -- Quashing - If a petition u/s 482 Cr.P.C. is filed after charge sheet is filed - Court is required to consider the material/evidence collected during investigation - Even at this stage, High Court is not required to go into merits of allegations and/or enter into merits of the case as if High Court is exercising appellate..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Appreciation of evidence is not permissible at the stage of quashing of proceedings in exercise of powers u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Serious triable issues/allegations are required to be gone into and considered at the time of trial - High Court has grossly erred in quashing criminal proceedings by entering into merits of allegations as if High Court was exercising appellate jurisdiction and/or conducting trial - Order quashing..........
Criminal Procedure Code, 1973, Section 429, 427 -- Default sentence - Cannot be directed to run concurrently...........
Criminal Procedure Code, 1973, Section 429, 30 -- Default sentence - Three years each on three counts - Financial condition of accused not good - Held, default sentences awarded to each of the accused on three counts shall be one year each in respect of such three counts...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 482 -- Dishonour of cheque - Compounding of offence - Dispute in the nature of complaint u/s 138 of N.I Act can be settled by way of compromise irrespective of any other legislation including Cr.P.C in general and S.320(1)(2) or (6) Cr.P.C in particular...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 482 -- Dishonour of cheque - Compounding of offence - Parties are at liberty to compound the offence at any stage even after dismissal of revision application...........
