Criminal Procedure Code, 1973, Section 468, Indian Penal Code, 1860, Section 406 -- Limitation - Offence u/s 406 IPC - Offence committed one and a half month prior to lodging of FIR - FIR lodged within period prescribed u/s 468 Cr.P.C - Proceedings cannot be quashed on the ground same being hit by S.468 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 323, 506, 504, 406, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegation against sisters-in-law (Nanads) of wife - Omnibus and general allegations leveled against accused - Accused/sisters-in-law were already married prior to marriage of wife/complainant and her husband - They were living at far away place..........
Indian Penal Code, 1860, Section 384, 406 -- Offence u/s 384, 406 IPC - Quashing of proceedings - Basic ingredients of offence in question not proved against accused - No useful purpose is likely to be served by allowing criminal prosecution - Proceedings quashed...........
Indian Penal Code, 1860, Section 406 -- Ingredients to constitute the offence u/s 406 IPC are, viz. (i) Entrusting any person with property or with any dominion over property; (ii) the person entrusted (a) dishonestly misappropriating or converting to his own use that property; or (b) dishonestly using or disposing of that property or willfully suffering any other person..........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Complaint u/s 406 IPC and S.6 Dowry Prohibition Act - Complaint on similar version already taken in FIR - Amounts to misuse of process of law - Summoning order set aside...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Matter is purely of civil nature - Instead of seeking his remedies through civil Court, complainant chose to made complaint to police and despite opinion of District Attorney that no criminal case was made out, FIR was still registered - Prima facie..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Mere retention of property entrusted to a person without any misappropriation cannot fall within ambit of criminal breach of trust - Unless there is some actual use by accused in violation of law or contract, coupled with dishonest intention, there is no criminal breach of trust...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Cheques were entrusted with accused in terms of collective decision taken by General Body of Union - No case of prosecution that said cheques were dishonestly misappropriated by accused contrary to terms of an obligation imposed - Cheques were seized by police and same has been produced before Magistrate -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 471, 468, 467, 120B, 34 -- Quashing of proceedings - Cheating - Allegation that wife allegedly left matrimonial home after 29 years of marriage with ornaments/accessories worn on regular basis being a Traditional Bengali married women, cannot be basis of a criminal case between married..........
Indian Penal Code, 1860, Section 376, 377, 313, 406, 506 -- Rape - Informant admitted of lodging FIR by falsely making serious allegations of rape to pressurize accused and/or to settle score - FIR quashed - Cost of Rs.10,000/- imposed...........
