Criminal Procedure Code, 1973, Section 482, 389 -- Right of victim to seek cancellation of bail granted during pendency of appeal - If accused after coming out of jail, during bail/suspension of sentence, commit any offence or criminally intimidate the victim or the prosecution then victim will have a right to apply for cancellation of bail u/s 482 Cr.P.C. before the..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), 3(2)(vii), 4 -- Quashing of investigation - Offence u/ss 3(1)(v), 3(2)(vii), 4 of SC/ST Act - Even accepting allegations in report to be true, no offence under SC/ST Act is made out - Proceedings qua petitioners quashed...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Compromise - Quashing of FIR - Offence is broadly committed against deceased - There can be no compromise with the dead man - FIR cannot be quashed on basis of compromise...........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Merely because parties entered into a compromise to live in brotherhood, peace and harmony, without background of friendship, closeness of family, strong bonds or being in relations, it is meaningless to permit compounding of heinous..........
Indian Penal Code, 1860, Section 323, 324, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 323, 324, 34 IPC - Compromise arrived at between parties - Offence u/s 324 IPC is non-compoundable - However, without adjudicating this point, in the facts and circumstances peculiar to this case, prosecution qua non-compoundable offences..........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Granted by High Court with conditions - High Court in exercise of its power u/s 482 Cr.P.C. can modify/delete the conditions...........
Criminal Procedure Code, 1973, Section 482 -- Closure of prosecution evidence - Part statement of I.O. in a corruption case recorded - If witness avoids to appear in Court despite service of summons then Court has to take necessary steps for securing presence of witness by issuing summons to him or by adopting coercive methods for securing his presence - Prosecution..........
Indian Penal Code, 1860, Section 364, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 364, 34 IPC - Where main accused is acquitted, no criminal proceeding can be sustained against co-accused on the same set of witnesses - Proceedings qua co-accused quashed...........
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...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 376(2)(n) -- Quashing of proceedings - Rape - False promise of marriage - Victim who is a married woman voluntarily had sex with her former lover - Intercourse between parties was purely consensual in nature - Nothing on record to show that accused had made a false promise only to satisfy..........
