Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 376, 506, 511, 380, 451, 34 -- Quashing of proceedings - Compromise - Offence u/ss 376, 506, 511, 380, 451, 34 IPC - Although FIR was registered under the alleged offences but when statement of complainant was recorded u/s 164 Cr.P.C,, no such allegation was leveled - It was basically a..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Even accused who is not even named in FIR and has not been charge sheeted can also be summoned by Court under the provision of S.319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court committed erred in law in treating writ petition which was filed for quashing of FIR as Public Interest Litigation and had become infructuous and issued sweeping directions, without there being sufficient data and material before it to pass directions - Impugned order of High Court set aside...........
Evidence Act, 1872, Section 3 -- Injured eye witness - Inconsistency in the statement given in FIR and in Court - Testimony of an injured eye witness has to be given much credence - One cannot expect the witness to depose about every detail with accuracy...........
Criminal Procedure Code, 1973, Section 190, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Cognizance of offence - FIR lodged u/ss 354A, 352, 323, 147, 506 IPC & Ss.7, 8 of POCSO Act - However, charge sheet laid by police only u/ss 352, 323, 506 IPC - Since police report did not include any offence under POCSO Act, Magistrate can take cognizance of..........
Indian Penal Code, 1860, Section 436 -- Mischief by fire - Setting complainant's hut on fire - Rivalry between parties - Unsatisfactorily explanation of delay of 2 days in lodging FIR - Contradictions and omission in the evidence of PWs and other examined witness turned hostile - Match box and kerosene cane not recovered - Held, on the sole count of unexplained delay of 2..........
Indian Penal Code, 1860, Section 366, 368, 377, 342, 511, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Unnatural offence - Quashing of proceedings - An affidavit of victim's mother or victim denying the alleged offence does not make out a case for quashing FIR as it only proves that accused meddles with witnesses and he is in a position to influence the..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 504, 506, Criminal Procedure Code, 1973, Section 482, 154 -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 120-B, 504, 506 IPC - Allegations that accused persons sold properties through disputed sale deeds fraudulently - FIR lodged after 19 years of commission of offence - No specific role assigned to..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Is not material evidence but vital material fact - If there is major discrepancy and material improvement in FIR, only than that might be fatal to prosecution case...........
Indian Penal Code, 1860, Section 290, 323, 34 -- Offence u/ss 290, 323, 34 - Quashing of proceedings - Charge sheet filed by police u/ss 290, 324 IPC - Accused did not use any instrument or other substance to cause injuries suffered by victim - At the very first instance, police ought to have treated the report as a non cognizable case and ought to have followed the..........
