Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Second bail application - Dowry death - Applicant is not a direct family member of in-laws of victim, as he is a cousin brother of husband of victim - Husband and mother-in-law of victim already granted bail - There is no progress of trial..........
Indian Penal Code, 1860, Section 364, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 364, 34 IPC - Where main accused is acquitted, no criminal proceeding can be sustained against co-accused on the same set of witnesses - Proceedings qua co-accused quashed...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Parties have arrived at amicable settlement voluntarily - Family Court declared the status of marriage no more in existence by mutual consent by rightly applying Muslim Personal Law - Proceedings against husband quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 376(2)(n) -- Quashing of proceedings - Rape - False promise of marriage - Victim who is a married woman voluntarily had sex with her former lover - Intercourse between parties was purely consensual in nature - Nothing on record to show that accused had made a false promise only to satisfy..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B -- Quashing of FIR - Compromise - Offence u/ss 420, 120-B IPC - Matter between parties amicably settled in terms of compromise - Whether the offence u/s 120-B IPC is compoundable or not, would depend upon allegations and accused being party to conspiracy - However, without adjudicating..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Accused has undergone custody of more than 6 years and 9 months - However, accused with co-accused while on bail gave effect to present occurrence in which deceased lost his life - As regarding plea that applicant has not accused of causing..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Petitioner is second accused in complaint u/s 138 of the Act - Petitioner prays to quash complaint against him on ground that cheque is issued from account maintained by a proprietary firm owned by first accused and first accused is..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - I.O neither found any material against petitioner nor his involvement in the case was proved - Name of petitioner was dropped in charge sheet - Even, earlier order of summoning of accused quashed and as such petitioner cannot again be summoned on application of prosecution - Order of summoning..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 307, 34 -- Bail - Cruelty - Accused arrested after non-bailable warrants issued against him - However, summons issued by trial Court were not served on him, as he had shifted his residence - Accused has no knowledge regarding the fact that charge sheet was filed against him and that summons..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping - Victim had clearly stated that she was neither taken away nor induced and that she had left her home of her own free will - S.366 IPC would come into play only where there is a forceful compulsion of marriage, by kidnapping or by inducing a woman -..........
