Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250, Indian Penal Code, 1860, Section 420, 419, 467, 468, 120B -- Discharge - Cheating - Civil suit was filed in 2017, whereas FIR lodged in 2019 on the basis of an application u/s 156(3) Cr.P.C. - Civil suit is still pending to be decided on merit - Order on interim application does not amount to decide the lis pending..........
Indian Penal Code, 1860, Section 306, 386, 506, 34 -- Abetment of suicide - Alleged suicide note which forms sole basis of prosecution is itself disputed and its genuineness remains unsubstantiated - Even, it does not contain any proximate or specific act on the part of petitioners amounting to abetment - There is no cogent evidence of any instigation, intentional aid or..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Ranbir Penal Code, 1989, Section 302, 34, 201, Arms Act, 1959, Section 4, 25 -- Bail - Offence u/Ss. 302, 201, 34 and Ss.4, 25 Arms Act - Petitioner in custody for seven years - Even, co-accused died during pendency of trial - Moreover, entire prosecution case based on circumstantial evidence - Further, material..........
Indian Penal Code, 1860, Section 493, 496, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 493, 496 IPC - Quashing of proceedings - Ss.493, 496 IPC incorporated in final report filed by police u/s 173(2) Cr.P.C. - However, Court is prescribed from taking cognizance of offences except upon complaint made by aggrieved person - Petitioner cannot be compelled to..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Prosecutrix maintained sexual relationship with petitioner for 4 years before death of her husband, for 4 years after death of her husband and even after knowing about marriage of petitioner with another lady - Relationship between petitioner and prosecutrix..........
Indian Penal Code, 1860, Section 376 -- Rape - Subsequent conduct of prosecutrix maintaining relationship with accused for 4 years after death of her husband, reveals that sexual relationship between them cannot be classified as rape...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent given under misconception of fact - Consent given by prosecutrix to sexual intercourse with person with whom she was deeply in love, on promise that he would marry her on later date, cannot be said to given under misconception of fact...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Promise to marry - Promise to marry, without anything more, will not give rise to misconception of fact u/s 90 IPC - However, position will change if it is shown that accused, with view to elicit assent of victim, gave false promise of marriage without having intention or inclination to marry her, made victim submit..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of consent cannot be presumed in every case where prosecutrix alleges that she indulged in sexual intercourse with offender believing offer of marriage made by him...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Offence of rape can be proved by establishing that, from very beginning accused had no intention at all to marry prosecutrix and that offer of marriage was made as ploy to make her surrender to him in order to satiate his canal desire...........
