Quashing--Civil Liability--Buyer Company refused to accept goods being defective--FIR u/s 420 IPC lodged--No misrepresentation made at time of contract--No case of criminal liability--FIR quashed.

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Acid burns--Reduction in sentence--Victim suffered severe burn injuries on head, face and chest--High Court reduced the sentence to already undergone--Order of High Court aside--Sentence could not be reduced in such a heinous crime.

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Unlawful Assembly--Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was attracted by that common object is one those set out in Section 141 IPC

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Criminal Law--Murder--Common intention--Prosecution case that appellant alongwith other accused murdered the deceased--Evidence of PWs 2 and 3 did not attribute any overt act to the appellant--Mere fact that he was in the company of accused who were armed would not be sufficient to attract Section 34 I.P.C.--It is undisputed that appellant was not armed and he has no animosity with the deceased

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Second Complaint—There is no provision in the Criminal Procedure Code or any other statute which debars a complainant from making a second complaint on the same allegations, when the first complaint did not lead to conviction, acquittal or discharge Second Complaint—The failure to mention the first complaint in the subsequent one is inconsequential—Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint.

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Framing of Charge—Complainant sustained injuries on the nose and fracture of the nasal bone was found—Held; that the case may fall within the grievous hurt, hut it cannot be said that even, prima facie, a case is made out for the offence under Section 307 of the IPC

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Attempt to Murder—Compromise between Parties—Despite any settlement between the complainant and the accused, the criminal proceedings under Section 307 IPC cannot be quashed, as the offence is a non-compoundable offence

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Identity of victim of sexual offences—Directions issued that no person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large.

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Cheating—Merely because the accused has not paid the amount due and payable under the agreement; no offence u/s 406 & 420 IPC is made out—Dispute is of civil nature—Complaint quashed.

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Murder—Death Penalty—Every brutal murder does not fall within category of rarest of rare case to warrant death sentence

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Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.” “At the initial stage of issuance of process it is not open to the Courts to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused.” If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.”

According to Exception I to Section 300 IPC, culpable homicide is not murder if the offender causes the death of the person who gave the provocation, whilst deprived of the power of self-control by grave and sudden provocation. However, the First Proviso to Exception I provides that the provocation should be one which is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.

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Private Defence--A right to private defence does not include a right to launch an offence particularly when the need of defence no longer survives. Private Defence--Burden is on accused to show that he had a right to private defence which extended to cause death.

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Acid Attack—Nature of Offence—Even if injury is simple an offence under S.326-A IPC is attracted

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Reduction in Sentence- -Accused set fire to the house of complainant who received burn injuries in the incident—Cattle of complainant died due to burn injuries—Keeping in view that incident is of the year 2000 and complainant has paid Rs. 9 lakhs as compensation to complainant sentence of 7 years reduced to 5 years.

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Indian Penal Code, 1860, S.376—Rape—Consensual Sex—Live-in Relation— Quashing—Held; (i) If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. (ii) The acknowledged consensual physical relationship between the parties would not constitute an offence under Section 376 of the IPC.

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Cheating—Merely because the accused has not paid the amount due and payable under the agreement; no offence u/s 406 & 420 IPC is made out-Dispute is of civil nature—Complaint quashed.

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Indian Penal Code, 1860, S.302--Murder--Death Sentence converted into life imprisonment-Duty is on the State to show that there is no possibility of reform or rehabilitation of the accused—When the offence is not gruesome, not coldblooded murder, nor is committed in a diabolical manner, the court will impose life imprisonment

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Cheating—Promotion of quick money scheme by knowingly making false representation of doubling the money—Offence of cheating made out.

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Common intention--In order to bring in the concept of common intention it is to be established that there was simultaneously consensus of the minds of the persons participating in the act to bring about a particular result.

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