Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Before taking recourse of Court, complainant ought to move to police station for registration of FIR and if unattended there, move an application to the Superintendent of Police and this fact also be deposed clearly in application u/s 156(3) Cr.P.C. moved before Magistrate...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Magistrate dealing with an application u/s 156(3) Cr.P.C is legally authorized to make an order for registration of FIR and investigate into matter or to treat such application as a complaint, as the case may be and he is fully empowered even to reject application moved before it u/s 156(3)..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 323, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Quashing of FIR - Compromise - Offence u/s 323 IPC and S.75 of JJ Act - Offence u/s 75 of JJ Act is not compoundable u/s 320 Cr.P.C - However, in the facts and circumstances peculiar to the case, prosecution qua..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 498A -- Summoning of additional accused - Abetment of suicide - Cruelty - Accused implicated first time in statement of informant before trial Court - Story set up by witnesses during their testimony before trial Court has come up for the first time which is against the allegations of FIR and..........
Criminal Procedure Code, 1973, Section 302 -- Permission to conduct prosecution by her own advocate - FIR is of the year 2011 - Case is still pending and a distress woman is continuing to pray for justice even after 10 long years - Opportunity is given to de facto complainant/her advocate a fair and effective hearing, as victim/complainants rights are totally independent,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354, 354A, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Compromise - Dowry demand - Compromise arrived at between parties and parties amicably resolved their dispute - Offences in question are of predominantly private in nature and no moral turpitude or..........
Indian Penal Code, 1860, Section 384, 420, 195, 506, 211, 120B -- Offence u/ss 384, 420, 195, 506, 211, 120-B IPC - Petition u/art 226 of Constitution for quashing of FIR - Maintainability - Prima facie case is made out against accused, which requires a detailed investigation to be carried out by authorities - Case does not fall under category of rarest of rare cases -..........
Criminal Procedure Code, 1973, Section 482, Prohibition of Child Marriage Act, 2006, Section 11, Indian Penal Code, 1860, Section 120B -- Quashing of FIR - Compromise - Offence u/s 11 of Prohibition of Child Marriage Act and S.120-B IPC - Compromise effected between parties is voluntary, genuine and without any pressure or coercion - Criminal cases arising out of..........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Recall of victim for further cross-examination - Kidnapping and rape - Accused is permitted to ask questions from victim with respect to earlier complaint/FIR - Closure of right of cross-examination of victim is against statutory right of accused to cross-examine witnesses - Trial Court shall recall the..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - FIR lodged within period of limitation but cognizance taken on subsequent date - Same will be treated to be within period of limitation...........
