Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 506, 149, 148, 147 -- Quashing of complaint - Offence u/ss 323, 324, 506, 149, 148, 147 IPC - Trial Court relying upon statements of complainant and three witnesses produced by complainant formed opinion that there are sufficient grounds to proceed against accused - No such opinion was..........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of FIR - Specific overt acts are alleged against all the accused - Investigation is yet to be completed by police - Defence of accused thus, cannot be considered in present petition for quashing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Imprisonment cannot be prolonged only for purpose of teaching accused a lesson - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Charge sheet has already been filed and no recovery is required to be made from accused who is in custody since 2020 - Examination-in-chief of victim has already been recorded - There are 23 witnesses cited by prosecution and it..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323 -- Bail - Attempt to murder - Accused neither armed with any weapon nor he gave any serious injury to father of complainant - Allegation that accused gave kick blows to complainant - Culpability of accused would be decided during trial of case - Challan has already been presented -..........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Rape - Accused and victim are living as husband and wife and now they have settled their dispute - Both the parties are major - Therefore, further criminal proceeding would amount to harassment and marital life of accused and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Allegation in the FIR is that accused beaten up complainant for which he sustained multiple injuries - However, nature of hurt suffered by complainant in the process is neither reflected from first FIR nor charge sheet - Accused had the injuries suffered by him treated immediately after the incident - Offence..........
Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Cruelty - Pronouncement of Triple Talaq over Telephone - Practice of Triple Talaq has been regarded as oppressive and legislature has decided to suppress it by making it an offence punishable by law - Statue..........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Where testimony of victim is reliable, delay in registering FIR, delay in forwarding FIR to Magistrate, non-examination of person who brought victim to hospital, all pales to insignificance and those lapses no way impinge the credibility of testimony of victim...........
