Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Solemnization of second marriage by husband - Allegations against husband and relatives of husband - Quashing of proceedings - Statements of witnesses shows that all the accused had prima facie actively encouraged husband to perform second marriage, they themselves had arranged..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 494, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Disputed questions of fact arising in case cannot be adjudicated upon in an application u/s 482 Cr.P.C - Application for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 494, 495 -- Quashing of complaint - Offence u/ss 494, 495 IPC - No contentious material or disputed issues of evidence arise in the case - As between accused and complainant the issues as to whether she had a subsisting marriage on the date on which she entered into a marriage with complainant is..........
Indian Penal Code, 1860, Section 498A, 494, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Offence u/ss 498-A, 494, 323, 504, 506 IPC, Ss.3, 4 of Dowry Prohibition Act and Ss.3, 4 of Muslim Women Act - Settlement - Quashing of complaint - Parties have undertaken not to indulge in any..........
Indian Penal Code, 1860, Section 494, 120B -- Bigamy - Quashing of proceedings - Second marriage by wife during subsistence of her first marriage - Petitioners admitted that it was second marriage of wife - Prima facie offence u/s 494 IPC is made out against wife and co-accused - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 494, 493, 495, 496, 420, 506, 376, Information Technology Act, 2000, Section 67A -- Quashing of supplementary charge sheet filed u/s 376 IPC - Wife came to know about factum of earlier marriage of husband/accused in the year 2014 though parties were married in the year 2009 - Complaint lodged after one year of knowledge of previous marriage..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 494, 109 -- Quashing of proceedings - Offence u/ss 494, 109 - Merely because trial of case is pending since two decades and petitioners right is violated u/art.21 of Constitution, entire proceedings as such not liable to be quashed - Petition dismissed...........
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..........
Indian Penal Code, 1860, Section 494, 109, 114, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Bigamy - If first legal subsisting marriage is not proved in competent court of law than no offence U/S.494 IPC is committed by second wife - Held, no criminal proceedings can be initiated as first marriage is not proved - Complaint qua summoning order..........
Indian Penal Code, 1860, Section 498A, 494, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Quashing of proceedings - Matter is purely a family dispute between husband and wife - Both husband and wife have reconciled their differences as per statement duly recorded by Magistrate - Held, fit case to quash..........
