Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence u/s 332, 353 IPC - Students demonstrated before office of Vice-Chancellor - Accused held collar of a teacher - Teacher willing to forgive student - Question whether a teacher standing in front of office of Vice-Chancellor is public servant or not, not adjudicated - FIR quashed...........
Indian Penal Code, 1860, Section 376(2)(N) -- Rape - Consensual relationship between prosecutrix and accused as per evidence of prosecutrix - Accused was known to prosecutrix from 2013 - Sexual relationship developed between parties - Prosecutrix stayed with accused in the same house even after she got engaged - FIR lodged after delay of more than one year - No video..........
Criminal Procedure Code, 1973, Section 154 -- Two FIRs - Same incident - Second FIR relating to same incident filed after petitioners obtained bail in first FIR - Almost identical allegations were levelled in second FIR - Second FIR quashed - However, contents of second FIR shall be treated as statement u/s 161 Cr.P.C. in the first FIR - In case charge sheet has been filed..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Compromise arrived at between parties - Dispute has been amicably resolved - FIR along with all subsequent proceedings quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 447 -- Quashing of FIR - Cheating - Allegations contained in FIR constitute prima facie offence against petitioner - Whether dispute between parties is of civil nature or not can only be ascertained after parties lead evidence - Investigation into allegations levelled in FIR already..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Offence u/ss 366, 376(2)(g) IPC - Complainant and prosecutrix belong to rural background, therefore, delay in lodging of FIR cannot be considered to be ground so as to give benefit to accused...........
Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 17, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366 IPC and S.17 of POCSO Act - Quashing of FIR - Prosecutrix found major by Doctors who conducted her ossification test as per order of Court - Medical report of prosecutrix is based on complete..........
Criminal Procedure Code, 1973, Section 219 -- Consolidation of charge sheets - One FIR - 22 Charge sheets filed - Wherever offences arising out of one FIR within space of 12 months from first to last of such offences have occurred, Court shall consolidate charge sheets filed, however, number of charge sheets consolidated shall be three, where offences have occurred within..........
Indian Penal Code, 1860, Section 363, 366, 120B -- Kidnapping - Accused solemnized marriage with prosecutrix and both were major at the time of marriage - Prosecutrix herself stated that she has gone of her own and she is not seduced by anybody - Prosecutrix even stated that her father lodged false FIR - Ossification test assure that prosecutrix is major - Marriage of two..........
Criminal Procedure Code, 1973, Section 154 -- Delay of one day in lodgement of FIR and further delay of one day in sending the same to Magistrate - Cannot be said to be fatal to prosecution when testimony of eye-witnesses is in full corroboration from medical evidence...........
