Indian Penal Code, 1860, Section 307, 498A, 323, 324, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offence u/ss 307, 498-A, 323, 324 IPC - Injuries sustained in almost every part of body that too by blunt object and sharp edged weapon - Compounding of such heinous offence will be against ends of justice and it will be detriment to..........
Indian Penal Code, 1860, Section 323, 341, 148, 451 -- Offence u/ss 323, 341, 148, 451 IPC - Remand of case by Revisional Court by setting aside order of acquittal - Offences alleged were of trivial nature - Three years precious time of trial Court was consumed in providing opportunities to complainant for giving evidence but he failed to do so without showing any..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 341, 392 -- Sanction for prosecution - Public servant - Police constable slapped complainant and his money was snatched - Said act of police officer cannot be considered to be an act done in official discharge of his duty - Police officer not entitled to protection u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Cheating - Petitioner is joining and co-operating in investigation, he is not in a position to tamper with prosecution evidence nor in a position to flee from justice - Custodial interrogation of petitioner is not at all required by police - Co-accused is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 452, 506, 148, 149, 120B -- Anticipatory bail - Offence u/ss 323, 452, 506, 148, 149, 120-B IPC - Injuries found on injured were in the nature of lacerated wounds, therefore it will certainly be debatable as to whether same were caused with sword, as alleged in the FIR - Petitioner have..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Summoning of additional accused - Dowry death - Main allegation is against husband and father-in-law of deceased supported by dying deceleration - However, no accusation against prospective accused in dying declaration - General allegation..........
Protection of Children from Sexual Offences Act, 2012, Section 8, Indian Penal Code, 1860, Section 506 -- Sexual assault - Accused threatened prosecutrix after sexually assaulting her and which is why she was terrified in Court after seeing him - Testimonies of prosecutrixes with respect to incident of sexual assaults and threats having a ring of truth are clear, cogent,..........
Indian Penal Code, 1860, Section 107 -- Abetment - Instigation - Word uttered in a fit of anger or motion without intending consequences to actually follow cannot be said to be instigation...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Quarrel had taken place between accused and husband of his sister - Accused told deceased to go and die - Deceased had committed suicide on third day of quarrel - It cannot be held that suicide was direct result of quarrel because there was enough time for deceased to think over and reflect - Charge of..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Medical evidence - There is no cogent and convincing evidence available on record to show that deceased died unnatural death or committed suicide - No post-mortem examination on dead body of deceased was performed, which might have gone to show the cause of his death - Even, no inquest proceedings were..........
