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 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 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..........
Protection of Children from Sexual Offences Act, 2012, Section 33(5), Criminal Procedure Code, 1973, Section 311 -- Recall of child witness for cross-examination - Offence u/s 376(3) IPC - Application for recall of child witness rejected on the ground that S.33(5) of POCSO Act provides that repeated attendance of child should be avoided - However, matter was never taken up..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While rejecting application for anticipatory bail, Court cannot direct arrest of accused, as such aspect is required to be left for investigating agency to examine and to take such steps as may be permissible in law and as may be required...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 182, 211, 120B -- Quashing of FIR - Compromise - Offence u/ss 420, 406, 182, 211, 120-B IPC - Compromise arrived at between parties - Although offence u/ss 406, 420 IPC are compoundable with permission of Court, but Offence u/ss 182, 120-B, 211 IPC are not compoundable u/s 320 Cr.P.C -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 482 -- Dishonour of cheque - Application for amendment of title of complaint by inserting name of company - Cheque was issued by the accused in the name of company and cheque was issued to discharge liability towards company - Amendment if granted, would only help court to arrive..........
Criminal Procedure Code, 1973, Section 473 -- Extension of limitation - S.473 Cr.P.C cannot have any application, after cognizance was taken on a time barred complaint - Provision of S.473 Cr.P.C has to be invoked at pre-cognizance stage and once cognizance is taken, Court cannot go back to condone delay to save period of limitation...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Court should consider contentions already raised by respondent either by way of objection filed in the maintenance case or filed in the petition seeking monthly interim maintenance...........
Criminal Procedure Code, 1973, Section 439 -- Bail - At the stage when the Court is called upon to evaluate whether a case for grant of bail has been made out, it is inappropriate to enter upon matter which would form the subject of trial when evidence is adduced by prosecution...........
