Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Offence u/s 304-A IPC is not merely between accused and complainant but have a direct nexus with public safety - Acceptance of a compromise in such matters would be contrary to larger public interest - Quashing petition dismissed...........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Death of mother and her new born child after delivery - Medical evidence on record and opinion expressed by doctors and experts who consulted medical Boards/Committees, clearly tilted the balance in favour of doctor, as none of them found any medical negligence on her part - Moreover, these medical bodies..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Compromise - Quashing of charge sheet - Applicant and 4 other members of his family were accused of harassing and killing deceased for dowry - Guilt of all accused persons against whom same allegations were made has been established by order of trial Court and all other accused persons have been..........
Indian Penal Code, 1860, Section 304B, 176, 201 -- Dowry death - Cause of death of deceased was not known as no postmortem was conducted - Deceased was pregnant when she expired and earlier she had a miscarriage - Prosecution miserably failed to prove unnatural death of deceased, consequently presumption against accused u/s 304-B IPC cannot be invoked - Case set up that..........
Indian Penal Code, 1860, Section 304B, 498A -- Offence u/Ss.304-B, 498-A IPC - Conviction - Appreciation of evidence - Bald allegation by de-facto complainant about demand of dowry and cruelty - Statement of de-facto complainant about giving jewelry not corroborated by any prosecution witnesses - Even, as per evidence on record, `soon before her death' deceased was at her..........
Indian Penal Code, 1860, Section 387 -- Offence u/s 387 IPC - Complainant has been put in fear of death by pointing a gun towards him and it was done to pressurize him to deliver Rs.5 lakhs - Allegations of putting a person in fear of death or grievous hurt would itself make him liable to be prosecuted u/s 387 IPC - Order of quashing of proceedings set aside...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Allegations by complainant that even much before her husband died, he used to be blackmailed by respondents - Even a week before her husband's death, her husband had been receiving continuous calls from respondents and whenever he received such calls,..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Dispute regarding sale of shop in question - Shop in question was in proprietary ownership of father-in-law of complainant - Mother-in-law of complainant sold the property after death of her husband to petitioner through a registered sale deed after..........
Indian Penal Code, 1860, Section 304A, 304B, 306 -- Offence u/ss 304-A, 304-B, 306 IPC - Compromise - In offences resulting in death such as u/s 302, 304-A, 304-B, 306 IPC etc., deceased is primary victim - Because harm suffered is inevitable, no compromise by legal heirs can substitute voice of deceased - Therefore, it is not for accused and complainant to negotiate,..........
Criminal Procedure Code, 1973, Section 256, 302 -- Death of complainant - Substitution of legal heirs - Legal heirs of complainant proceed with the case through their power of attorney - However, one legal heir died during pendency of application filed by power of attorney and without taking any proper steps, petitioners wanted to continue the said proceeding on the basis..........
