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Criminal Procedure Code - Section 482 - to quash FIR- (CDJ 2024 Ker HC 819)
 18 July 2024 25 30

Merely because a civil proceeding has been initiated does not mean that a criminal offence cannot be attracted. The court declined to quash the FIR.

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Criminal Procedure Code, 1973 - Section 125 - Muslim Women (Protection of Rights on Divorce) Act, 1986 -
 13 July 2024 25 30

Maintenance - a divorced Muslim woman is not restricted from exercising her independent right of maintenance under the secular provision of Section 125 of CrPC 1973- Option lies with the Muslim divorced women to seek remedy under either of the two laws or both laws. Muslim Women (Protection of Rights on Divorce 1986 Act is not in derogation of Section 125 of the CrPC but in addition to the said provision. CDJ 2024 SC 543

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Indian Penal Code, 1860 - Sections 376(A)(B) and 376(F) - Protection of Children from Sexual Offences Act - Section 4, Section 6 & Section 10 - Code of Criminal Procedure, 1973 - Section 482 – Quash - on the ground of settlement – Rape - merely because compromise took place between the parties is not a ground to exercise powers under Section 482 of the CrPC.
 27 April 2024 25 30

The offence is registered for the offences punishable under Sections 376(A)(B) and 376(F) of the IPC and sections 4, 6 and 10 of the POCSO Act. The offences alleged are not only against a person but against the State. Hence, merely on the basis of settlement, as a matter of right, the petitioner cannot claim to quash and set aside the proceedings. (CDJ 2024 GHC 296)

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