Showing : 91-100 of 155 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Compromise in an offence u/ss 323, 504, 506 IPC and S.3(1)(x) SC/ST Act - Complainant seeking withdrawal of the case is indication that continuance of such proceedings would be unnecessary - Continuation of proceedings would be empty formality - Court can exercise its power u/s 482 Cr.P.C. -..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Cruelty - Dowry demand - Bald allegation against appellants by complainant - Neither FIR nor charge-sheet furnished legal basis for Magistrate to take cognizance of offence alleged against appellants - Held, in criminal case arising out of matrimonial dispute, there is tendency to involve entire..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Quashment of proceedings - Cruelty - Dowry demand - FIR not disclosing specific allegation against appellants in matter arising out of matrimonial bickerings - Held, it would be clear abuse of legal and judicial process to mechanically send named accused in FIR to undergo trial...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 386, 482-- Quashment of proceedings - Rejected by High Court - Appeal thereagainst - Held, High Court had not properly examined the case - It appears to be a fit case for remand for fresh consideration - But Court instead of remanding the matter to High Court, disposed of matter itself and held that in..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Cruelty - Dowry demand - Complaint lodged against Husband and other family members - Quashment - Wife obtained ex-parte decree of divorce during pendency of criminal proceedings - Held, when ex parte decree of divorce obtained during pendency, same could have weighed with High Court to consider..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 244, 245, 246, Indian Penal Code, 1860, Section 498A, 452, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Quashing of criminal proceeding - One singular act of demand of dowry - Held, it would neither constitute cruelty nor harassment - A single act of cruelty would also not be sufficient to cause mental agony to a person - It has to be constant process by which emotional distress is caused -..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Cognizance of offences - Quashing of - Cognizance of offences punishable u/ss 147, 504, 506, 352, 323, 325 and 308 of IPC - Held, from perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against applicants - All..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 392, 427, 506, 323-- Dismissal of complaint - Validity - Court below has not discussed evidence to show that there is no sufficient ground for proceeding against accused person - Statement of complainant u/s 200 Cr.P.C. and statement of witnesses u/s.202 Cr.P.C. are unrebutted - There is no cross examination by Court..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 506-- Summoning order - Quashing of - Dispute between husband and wife because of which proceeding u/s 498-A IPC and 125 CrPC was initiated by wife against her husband and entire family - Wife has not deposed against two applicants i.e. "Jeth" and "Devar" at any earlier point of time - It is further..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - Proprietary - Offence alleged to have been committed u/ss 323, 506, 420, 467, 468 & 471 IPC - Discharge of accused/revisionists on ground that from FIR and materials collected during investigation if taken to be true, then no offence whatsoever is made out against them - Lower..........

Showing : 91-100 of 155 Results