Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376 -- Quashing of proceedings - Rape - Accused marrying complainant - Grave and serious offences as one u/s 376 IPC cannot be subject matter of quashment of proceedings on the ground of settlement between accused and victim - However, exception to said approach could be in cases where accused has..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4 -- Kidnapping and rape - Settlement - Accused marrying complainant - Quashing of proceedings - Dispute settled amicably - Victim has no grievance against accused - Proceedings quashed, as otherwise it will..........
Criminal Procedure Code, 1973, Section 389, 437, 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 473, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail during pendency of appeal - Active involvement of accused in the offence - Keeping in view the magnitude of the offence, bail during pendency of appeal declined...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Anticipatory bail - Recovery of opium - Petitioner not arrested at the spot and has been nominated as accused on the basis of disclosure statement of co-accused - Admissibility and veracity of which is yet to be tested - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle involved in NDPS case - No confiscation proceedings are pending qua vehicle in question and same is case property only - If vehicle remain parked in police station, same shall gather rust and shall not remain useful -..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Incident took place inside the house of accused - No evidence whatsoever to show as to who of two accused inflicted fatal injury i.e chopping off of hand of deceased - Sentence of accused thus, suspended...........
Indian Penal Code, 1860, Section 435, 436, 452, 427, 379, 149, 506, Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Dismissal of application - As per complainant, village mob was approaching his house and set fire to house, vehicle, etc. - Application u/s.319 Cr.P.C. filed for summoning persons as additional accused whose name was..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR on same facts - Police earlier filed a negative report - Proper course was to file a protest petition rather than filing a fresh FIR - Second FIR quashed...........
Guardians and Wards Act, 1890, Section 25, Civil Procedure Code, 1908, Section 151 -- Custody of child granted to mother - Objection by parental grandparents of child - Father of child committed suicide and a criminal case registered against mother and maternal grandparents of child - Relations between parties are not cordial due to pendency of criminal proceedings -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 4.2 kg ganja patti - Even if recovered contraband is taken to be `ganja' still the name would fall within intermediate quantity being less than 20 kgs - Challan already filed - No useful purpose would be served by further detaining petitioner..........
