RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 120B-- Framing of charge - Offence u/ss 302, 120-B IPC - Police filed challan against petitioner along with other accused - Evidence on record particularly call details shows that petitioner was having illicit relation with co-accused and on the date of incident petitioner and co-accused had conversation..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B-- Cheating and forgery - Criminal conspiracy - Quashing of FIRs - Specific allegation against accused that they hatched a conspiracy and got registered sale deed executed in their favour, regarding property which falls in the share of complainant and already partitioned - Prima facie case found..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376-- Anticipatory bail - Rape on pretext of marriage - Live-i, relationship between parties - Petitioner never promised prosecutrix that he will marry her - He never made any obscene video of prosecutrix with him nor had ever threatened her - Prosecutrix has stated in FIR that petitioner forced her to..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482-- Cruelty - Quashing of proceedings - Complaint inspired by malice and version contained therein full of high improbabilities - Continuation of proceedings on that basis is likely to result in abuse of process of Court - Entire proceedings of complaint in question quashed...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482-- Cruelty - Quashing of proceedings - Allegation against family members of husband - Applicants not lived with complainant - Husband of complainant not made accused - Change of version between version given in police station and version given out in complaint is indicative about improvised nature of..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 323, 325, 34-- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Property dispute between parties - Petitioners have no criminal history - Even during period of bail, petitioners not misused said liberty - Incident occurred in 1982 - Passage of time may not mitigate rigour of their guilt, but it is..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 17, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 363, 366 IPC and S.17 of POCSO Act - Quashing of FIR - Prosecutrix found major by Doctors who conducted her ossification test as per order of Court - Medical report of prosecutrix is based on complete physical examination of prosecutrix - Prosecutrix since is adult and she had gone..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B-- Dowry death - Presumption - Death by burning - 90% burn injuries - Deceased died by setting herself on fire within 7 years of her marriage - Testimony of mother and brother of deceased reveal that there was demand of dowry and maltreatment with deceased from side of accused - It was amply..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 245, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 379, 504-- Discharge - Offence u/ss 498-A, 323, 406, 379, 504 IPC - Complainant filed complaint against her i, laws - Discharge application of accused dismissed by Magistrate and quashing petition against the same also dismissed by High Court - No good grounds found to interfere in impugned orders - Remedy..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 34, 304-- Nature of offence - Murder case - As per evidence on record, act of stabbing was preceded by discussion to sort out some dispute between deceased and accused `R'- Only single stab wound was inflicted which shows that there was no premeditated attack - Hence, where act took place upon sudden..........