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ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 498A, 323, 313, 504, Dowry Prohibition Act, 1961, Section 3, 4-- Cruelty - Dowry demand - Appeal against acquittal - No evidence on record against accused to hold them guilty - Victim categorically admitted that she is living with her husband happily in a cordial atmosphere and she has no grievance at all against her i, laws - Court failed to understand as to..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Quashing of summoning order - Cruelty - Demand of dowry - Magistrate found a prima facie case against accused after inquiry and as such accused were summoned - At this stage there is no occasion to look into the question, whether charge ultimately can be substantiated or not since that would be a..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 323, 427, 504, 506-- Offence u/s 3(1)(x) of SC/ST Act and Ss.323, 427, 504, 506 IPC - Quashing of proceedings - Neither there is any averment in FIR that applicants ever called opposite party no.2 by his caste name, nor any averment about applicants being not members of SC/ST - There is also no averment that..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Cruelty upon wife - Business partner of husband - Does not come within purview of S.498-A IPC - Proceedings against applicant quashed...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 323, 504, 506-- Delayed FIR - Rape case - Informant stated that he moved a written application but his report was not lodged - Even prosecutrix and her mother also stated that they went to police station to lodge report but her report was not lodged - However, neither copies of such application nor copies of such..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, 323, 504, 506-- Rape - Testimony of victim - Prosecutrix changing her version again and again which makes her testimony unreliable and unworthy of credence - Even medical evidence does not support prosecution version - Statement of all PWs are unreliable, improbable and contradictory to each other - Prosecution..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 452-- Quashing of proceedings - Summoning of accused - Offence u/ss 323, 504, 506, 452 IPC - Magistrate while passing summoning order neither made any discussion of facts nor considered as to what overt act allegedly committed by accused - Impugned order of summoning accused clearly lacks reflection of..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v)-- Rape of married woman - Accused allegedly committed rape upon prosecutrix on the point of country made pistol - Caste derogatory words also used against prosecutrix and his family in case any action is taken - However, medical evidence shows that three injuries were found in the body of victim but..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 323, 504, 506, 384-- Offence u/ss 323, 504, 506, 384 IPC - Quashing of summoning order - Complainant caught red handed by applicants while copying in examination by using unfair means - He filed complaint against applicants and summoning order was passed against them - Neither in the summoning order there is..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 494, 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Bigamy - Cruelty - Allegation against relatives of husband - Quashing of proceedings - Second marriage was performed by husband during subsistence of first marriage - No specific allegation against applicants No.2 to 4, except the fact that they co-operated in second marriage of husband - Bigamy..........

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