Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 3(1) -- Quashing of proceeding - Offence u/ss 498-A, 406, 34 IPC, S.3(1) of Dowry Prohibition Act - Allegations against parents of husband - Omnibus allegations has been made against family members of husband - Petitioners have been unnecessarily..........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Quashing of proceedings - High Court itself opined that allegations are very serious and it requires further investigation - However, High Court has not at all appreciated and/or considered the allegation of larger conspiracy and that both FIR/criminal cases are interconnected and part of main conspiracy which..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 6, 12, 17, Indian Penal Code, 1860, Section 506, 376(2)(N), 323, 328, 406 -- Bail - Offence u/ss 6, 12, 17 POCSO Act and Ss. 506, 376(2)(N), 323, 328, 406 IPC - Prima facie it appears that FIR is registered after much delay - Even, there are 22 prosecution witnesses..........
Criminal Procedure Code, 1973, Section 482, 4, 5, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Delay in lodging FIR - Ss.4 & 5 Cr.P.C. not applicable as it is criminal jurisdiction which is invoked and not jurisdiction u/s 138 Negotiable Instruments Act - FIR cannot be said to be belated as Ss.420, 406, 120-B IPC permits lodgement of FIR within..........
Indian Penal Code, 1860, Section 498A, 323, 506, 406, 342, 313, 351, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Wife alleged various kinds of cruelties which had led her to various illnesses - She also alleged that there was a miscarriage which had resulted because of fact that husband had pushed her - Wife was being deprived of her financial..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Suppression of facts - Moreover development agreement itself is taking care of interest of both the parties and giving rise for specific performance or recovery to the other side, action of issuing process is wrong - Dispute civil in nature -..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 406, 409, 420, 34 -- Default bail - Charge sheet not filed within 60 days - Right accrued for default bail cannot be defeated by mere invocation of S.409 IPC claiming that period of completion of investigation and filing of charge sheet is 90 days - Bail granted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 34 -- Quashing of FIR - Compromise - Partial quashing or part quashing of FIR only qua accused with whom complainant has compromised or settled the matter can be allowed...........
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, 141, 142, Indian Penal Code, 1860, Section 420, 406, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion to know about writing on cheque - Signatures admitted - Issue as to who filled up the cheque is to be examined at the time of final adjudication - Dismissal of application calls for no interference...........
