Criminal Procedure Code, 1973, Section 482 -- Quashing of charge - Framing of charges being initial stages in trial process, Court therein cannot base decision of quashing charge on basis of quality or quantity of evidence rather enquiry must be limited to a prima facie examination...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 354D, 384, 450, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Quashing of proceedings - Compromise - Rape case - Where prosecutrix and accused married each other and both are residing husband and wife, proceedings can be quashed by invoking power u/s 482..........
Criminal Procedure Code, 1973, Section 133, 134, 144 -- Proceedings u/s 133 Cr.P.C - Appellants were not served with any notice before initiating or even concluding the proceedings u/s 133 Cr.P.C, and they proceeded ex parte - Order passed in proceeding u/s 133 Cr.P.C held, not proper...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 397, 401, 482 -- Dishonour of cheque - Compromise - High Court after being satisfied that cheque amount with assessed cost and interest has been paid, can close proceedings even in absence of complainant...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354A, 452, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape case - Prosecutrix has taken u-turn before Court below during trial and not supported prosecution case - Even, all material PWs turned hostile - There is no reason to keep petitioner behind bars for an..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence committed by accused while he was juvenile and another offence committed after attaining age of 18 years - Subjecting petitioner to trial before two different Forums i.e. Juvenile Justice Board and Court of Special Judge - No illegality or irregularity subjecting petitioner to trial before two..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Both parties gave up their rights to claim maintenance against each other in a consent decree - An agreement, in which wife gives up or relinquishes her right to claim maintenance at any time in the future, is opposed to public policy - Such an agreement, even if voluntarily entered, is not enforceable - Same does..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Plea of adultery - Issue of adultery or living in adultery not decided by two Courts below - There is thus, no reason for High Court, at this stage, to go into said issue - Since application of maintenance is maintainable, it is open to both the parties to raise such issue or to lead evidence on such..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 3 of SC/ST Act - Ingredients of offence u/s 3 of SC/ST Act made out against accused - Embargo u/s 18 of SC/ST applies - Application u/s 438 Cr.P.C for anticipatory bail against such offence is not..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - It is not necessary that alteration of charge can be considered only after recording of evidence...........
