Indian Penal Code, 1860, Section 376, 377, 498A, 354, 506(2), 420, 406, 34 -- Rape and cheating - Quashing of FIR - Allegations against petitioner are baseless and without any substance - Allegations in FIR and final report, even if taken at their face value, do not prima facie constitute any offence or make out a case against petitioner - FIR against petitioner quashed...........
Indian Penal Code, 1860, Section 498A, 427, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Settlement - When parties genuinely settle the dispute amicably then Criminal proceedings can be quashed by exercising power under Article 142 of the Constitution of India or even u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - False promise of marriage - Prosecutrix being a married woman and mother of three children was matured enough to understand the significance of moral or immoral quality of act she was consenting to - Moreover, prosecutrix had gone to stay with accused during subsistence of her marriage with her husband - Prosecutrix knows..........
Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 302, 307, 394 -- Pre-mature release - Murder - Number of accused found guilty was less than five, thus robbery could not have been termed as dacoity - Accused was neither convicted for offence of dacoity nor having committed dacoity with murder - However, case of accused for his premature..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Case is under investigation and no final report is filed - Quashing of FIR on the submission that parties resolved their dispute could not be considered at the crime stage, since such an exercise in cases involving offence u/s 307 IPC is..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Confession rightly disbelieved as same made in presence of persons with whom accused had not cordial relations - Prosecution has failed to produce any other evidence except so called extra judicial confession - Acquittal upheld...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 498A -- Summoning of additional accused - Abetment of suicide - Cruelty - Accused implicated first time in statement of informant before trial Court - Story set up by witnesses during their testimony before trial Court has come up for the first time which is against the allegations of FIR and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of PW3 - Inordinate delay in recording of evidence of witnesses not explained by I.O - PW1 and PW5 have not supported prosecution case - PW3 is not wholly reliable - Conviction on sole testimony of PW3, without there being any corroboration to his evidence not justified - Benefit of doubt thus, given to..........
Indian Penal Code, 1860, Section 498A, 406, 504, 506, 34 -- Cruelty - No evidence on record that wife was subjected to cruelty - Only allegation is of being threatened on the particular day when absence of husband has been proved by documents - There is no material or evidence to show that there was entrustment and misappropriation as required u/s 406 IPC - Allegations..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 34 -- Quashing of proceedings, post conviction, during pendency of appeal - Compromise - Proceedings emanating from matrimonial dispute - No embargo in exercising power u/s 482 Cr.P.C. to quash proceedings - Criminal proceedings quashed...........
