Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of summoning order - Summoning order was passed on basis of evidence obtained u/ss 200, 202 Cr.P.C - Previous institution of case against accused is an evidence of motive or cause either in execution of offence or in defence by either side - Same is a question of evidence and of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of no, bailable warrant - Offence u/ss 323, 504, 506 IPC - Allegations that complainant was abused and given beatings by accused and co-accused over issue of property and that his wrist watch and Rs.1,200 was snatched from him - Accused and co-accused threatened to kill..........
Indian Penal Code, 1860, Section 323, 325, 147, 148, 149, 504, 506(2) -- Offence u/ss 323, 325, 147, 148, 149, 504, 506(2) - Cross-cases between parties relating to same incident - Complainant was convicted in cross-case and appeal against the same is pending - Injury caused to complainant by exercise of right of private defence by accused, when assault made by complainant..........
Indian Penal Code, 1860, Section 376, 417, 504, 506(2) -- Rape - False pretext of marriage - Allegations in FIR do not on their face indicate that promise by accused was false or that prosecutrix engaged in sexual relations on basis of this promise - No allegation in FIR that when accused promised to marry prosecutrix, it was done in bad faith or with intention to deceive..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 406, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Matrimonial dispute - Compromise arrived at between parties - Chance of ultimate conviction is bleak - No useful purpose is likely to be served by allowing a criminal prosecution against..........
Indian Penal Code, 1860, Section 323, 504, 506, 452, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(X) -- Offence u/ss 323, 504, 506, 452 IPC and S.3(1)(X) of SC/ST Act - Complainant and his two witnesses were present on the spot at the time of occurrence - There is no exaggeration, material contradiction or embellishment in..........
Indian Penal Code, 1860, Section 406, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Misappropriation of cash and gold jewellery - Charge levelled against applicant with regard to misappropriation of jewellery and gold has not been found substantiated - Even there is no proof of misappropriation of cash - Factum of litigation between..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against father-in-law - Specific allegations against father-in-law supported by complainant and his two witnesses in the evidence is on record - At this stage of summoning of accused, Court cannot pronounce as to..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against family members of husband - General allegations of cruelty and dowry demand made against appellants - No specific incident, dates or details of any incident mentioned in complaint - Neither in complaint nor..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 504, 506 -- Discharge - Offence u/ss 504, 506 IPC - Allegation that accused with two or three other unknown persons, one of whom was holding a revolver came to complainant's house and abused him in filthy language and attempted to assault him and when some neighbours arrived they fled away - Said..........
