Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of case of bigamy against husband by wife - Husband though acquitted in criminal cases filed by wife, but order of acquittal not placed on record to identify whether husband has been acquitted on benefit of doubt or on the ground that a false allegation has been made against him - Filing of..........
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..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife used to insult husband on the premise that he is dark and for the same reason has moved away from company of husband without any cause - Even to cover up this aspect, has leveled false allegations of illicit relationship against husband - These facts will constitute cruelty -..........
Indian Penal Code, 1860, Section 294(b), 352, 354 -- Offence u/ss 294(b), 352, 354 IPC - False complaint was lodged due to previous enmity between parties - All the independent witnesses turned hostile - There is delay of more than two days in lodging FIR - PW1 had not whispered anything regarding utterance of caste word in public place or utterance of caste word in chief..........
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 376, 377 -- Bail - Rape - False promise of marriage - At the stage of considering bail plea, it is neither appropriate nor feasible for Court to draw any conclusion much less to return any finding as to whether promise of marriage made to prosecutrix was false and in bad faith with no intention of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - Prosecutrix and accused both are major at the time of incident and they also were in a romantic relationship with each other, which was also known to their families - Parents of both the parties were contemplating marriage between two - Proposed marriage was awaiting the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant had successfully proved his case - Accused on the other hand failed to render any justifiable explanation for his alleged false implication in the case - Accused rightly convicted...........
Indian Penal Code, 1860, Section 420 -- Cheating - No material on record to show that representation made by accused or de facto complainant was false or that they had prior knowledge of such representation being false and made only with intention to deceive - No proof of any financial transaction is on record much less concerning accused - Proceedings quashed...........
Indian Penal Code, 1860, Section 465, 466, 467, 468, 471 -- Offence u/ss 465, 466, 467, 468, 471 IPC - Quashing of proceedings - No false document has been produced - Making a false claim and creating and producing false document both are different and distinct - Even assuming complaint averments to be true, same do not make out ingredients of offences in question -..........
