Criminal Procedure Code, 1973, Section 482, 82 -- Quashing of FIR - Proclaimed offender - Mere fact that petitioner is a P.O, it does not come in his way seeking quashing of FIR as co-accused already stands acquitted by trial Court...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of regular bail - While cancelling bail of petitioners Court below has not followed proper procedure and has rather decided application for cancellation of bail in a manner as if application for bail is to be rejected - Whereas, criteria for cancelling bail is on different footing and there are specific grounds..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Compromise - Parties settled their real dispute amicably - Key prosecution witnesses declared their unequivocal intent to turn hostile at the trial - In such circumstances, merits and truth apart, proceedings in trial if allowed to continue may largely be a waste of..........
Indian Penal Code, 1860, Section 354, 376, Criminal Procedure Code, 1973, Section 439 -- Bail - Outraging modesty of women - Rape - FSL report showed no semen or male DNA in sample taken - Nothing amiss found in investigation - Whether the offence relates to one punishable u/s 376 or 354, IPC will be determined on prosecutrix being examined before trial Court who is sole..........
Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 53, 30 -- Sentence - Sentence in default of payment of fine is not a sentence as contemplated u/s 386(b)(iii) Cr.P.C - Appellate Court is entitled to enhance fine and sentence in default of payment of fine and S.386 Proviso Cr.P.C not attracted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Quantum - Carry home salary of husband Rs.1,16,885/- per month - Maintenance payable to wife and child enhanced to Rs.20,000/- to wife and Rs.8,000/- to child - Enhanced maintenance will be payable from the date of passing of order by High Court...........
Indian Penal Code, 1860, Section 376(2)(f), Criminal Procedure Code, 1973, Section 313 -- Rape of 9 years old minor girl - Examination of accused - Serological report not put to accused u/s 313 Cr.P.C, and plea raised by accused that he is prejudiced in his defence - Contention first time raised before Supreme Court - Even otherwise, serological report being available, it..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 506, 120B -- Quashing of FIR - Offence u/ss 406, 420, 467, 468, 471, 506, 120-B IPC - Settlement - Money dispute - Total amount of Rs.39 lacs received by complainant towards full and final settlement - Entire claim of complainant regarding purchase of flats stands settled..........
Criminal Procedure Code, 1973, Section 256, 204 -- Dismissal of compliant u/s 256 Cr.P.C - At the stage of issuance of process - Compliant dismissed on account of no, payment of process fee or other fees by complainant within reasonable time - Complainant not complying the Court's direction - Provision of S.204(4) Cr.P.C is thus, applicable - Magistrate was to dismiss the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to children - - Court below awarded Rs.4000/- each p.m. to both the children by father - Parents employed in Government service - Working wife is under obligation to contribute in maintenance of children along with her husband - Wife directed to share the amount of maintenance - Amount payable by husband reduced..........
