Criminal Procedure Code, 1973, Section 482, 397, 401, Indian Penal Code, 1860, Section 147, 323, 504, 506, 498A -- Matrimonial dispute - Criminal proceedings - Exercise of inherent power - Revisionist has challenged the summoning order by means of criminal revision - Held, since it is a matrimonial dispute and parties have come to terms and, therefore, High Court can also..........
Indian Penal Code, 1860, Section 323,504,427 -- Charge sheet filed u/ss 323, 504 and 427 IPC disclosing commission of non cognizable offence - Instead of treating it as complaint case Magistrate took cognizance as a State case - Not permissible - Order taking cognizance quashed - Case to be treated as complaint case - Procedure prescribed for hearing of complaint case to..........
Criminal Procedure Code, 1973, Section 482, 177, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- -Territorial jurisdiction - Quashing of charge-sheet - Wife forced to leave matrimonial home and to live with parents at Dehradun - Demand of dowry continued on phone calls by the husband and father-i, law - Held, Court at..........
Criminal Procedure Code, 1973, Section 320,482, Indian Penal Code, 1860, Section 307, 498A,323,504,506 -- Compounding of offence - Offence u/ss 307, 498-A, 323, 504 & 506 IPC - Parties compromised - S.320 Cr.P.C. does not limit power of High Court u/s 482 Cr.P.C. - S.320 Cr.P.C. is not a bar to exercise power of quashing - Proceedings quashed...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 323, 504 & 506 IPC and Ss.3/4 Dowry Prohibition Act - Applicant Nos.3 to 6 are mother-in-law, unmarried sister-in-law, aunt (sister of father-in-law) - It is highly improbable that the applicants had accompanied..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 452, 379 -- Quashing of summoning order - Accused after gaining forcible entry into the house of complainant, assaulted her and her daughter with kicks and fits and hurled filthy caste words and snatched away her ear ring - Magistrate looked into entire allegation and scanned..........
Criminal Procedure Code, 1973, Section 420, 320, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Matrimonial dispute - Quashing of proceedings - Matter is matrimonial in nature - Parties have amicably settled the matter outside Court through compromise - Held, continuation of criminal proceedings arising out of the same..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Held, offence committed u/s 506 of IPC has been held as cognizable offence - Magistrate has rightly taken cognizance of offence as a police case - Petition dismissed...........
Indian Penal Code, 1860, Section 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Charge sheet filed u/ss 323, 504 & 506 IPC - Magistrate summoned the accused for facing trial - All the three offences are non cognizable - Charge sheet submitted by police in a non cognizable offence has to be treated as complaint case and not a State case - Summoning order..........
Criminal Procedure Code, 1973, Section 482, 155(2), 2(d), Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504 & 506 IPC - Offence bailable and non cognizable - Police after investigation made report disclosing commission of non cognizable offence - Deemed to be a complaint and police office making such report a complainant - Charge sheet filed by police..........
