Indian Penal Code, 1860, Section 313, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 313 IPC - Allegations do not inspire confidence to construe an offence constituted u/s 313 Cr.P.C. - Offence took place long back in the year 2020 and prosecutrix further continued with relationship till 2022 - Proceedings quashed...........
Indian Penal Code, 1860, Section 498A, 307, 323, 313, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Attempt to murder - Dowry demand - Complaint is absolutely silent about any specific date or time of torture - No iota of material can be found regarding incident of pouring kerosene oil on her and or banging her head with wall from case diary - Nature of..........
Indian Penal Code, 1860, Section 376, 377, 323, 313, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of FIR - Petitioner No.1 got married with prosecutrix 10 days prior to filing of charge sheet - I.O. seized two mobile phones of petitioner No.1 and sent the same to FSL for forensic examination and involved Cyber Cell to retrieve..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 313 -- Murder of four members of family - Dying declarations - Evidence of PW11 about dying declarations made by deceased persons has not been put to accused in his examination u/s 313 Cr.P.C - Even the fact that dying declarations were made by deceased to PW11 was..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376, 323, 306, 313 -- Bail - Rape - FIR mentions fact that applicant had committed murder of deceased, but investigation stated that it is a case of abetment of suicide - Door of deceased is stated to have been broken open by guard and security officer of society - No direct overt act..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 201 -- Examination of accused - Offence u/s.302, 201 - All incriminating circumstances were not put to accused instead, general questions were employed, which were denied by accused - Factor summarised in (Raj Kumar vs. State (NCT of Delhi) not clearly followed...........
Indian Penal Code, 1860, Section 312, 313 -- Offence u/ss 312, 313 IPC - Allegation that complainant was given poisonous food by appellants herein and was coerced into consuming the same - However, it is mentioned in the FIR that complainant used to live in a separate house due to alleged harassment by appellants and their son - There is not even a whisper in FIR about..........
Indian Penal Code, 1860, Section 376, 417, 313, 506 -- Rape - Complainant was aware that petitioner was not interested in marriage but still continued the relationship being a major aged about 25 years at the time of incident - There is no allegation in the FIR/Charge sheet about any promise of marriage at the outset of their relationship in the year 2013 - No allegation..........
Indian Penal Code, 1860, Section 376, 313 -- Rape - Quashing of proceedings - Delay of more than 5 years in registering FIR - Complainant revealed that she and appellant lived for a long period as husband and wife - No material on record as per FIR and facts and circumstances of case that complainant had given her consent for sexual relationship with appellant under..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 376(2)(h), 313, 323, 504, 506 -- Rape - False promise of marriage - Mere facilitating a rented house for victim by accused does not establish an intent to marry...........
