Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Complaint lodged against Husband and other family members - Quashment - Wife obtained ex-parte decree of divorce during pendency of criminal proceedings - Held, when ex parte decree of divorce obtained..........
Indian Penal Code, 1860, Section 498A, 323, 379, 34, 504, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of order taking cognizance - Charge-sheet filed pertaining to offence u/s.498A IPC - Another FIR by complainant u/s. 498A, 323/34, 379/34 and 504IPC and S.4 of DP Act - Police after investigation found allegations false..........
Criminal Procedure Code, 1973, Section 227, 228, 401, 239, Indian Penal Code, 1860, Section 498A, 323, 504, Dowry Prohibition Act, 1961, Section 3, 4 -- Framing of charge - Duty of Court - Held, prosecution has to make out only prima facie case on the basis of material produced before Court by prosecution - Evidence which defence produces in Court at that stage should not..........
Indian Penal Code, 1860, Section 323,504,506 -- Offence u/ss 323, 504 and 506 IPC - Charge sheet and summoning order challenged on ground that offences are non cognizable yet Magistrate has taken cognizance - Notification declaring S.506 IPC a cognizable offence upheld in a judgment rendered by Full Bench - Petition dismissed in view of law laid by Full Bench...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482, 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 Ss.3/4 Dowry Prohibition Act - Quashing - By Jeth and..........
Railway Protection Force Act, 1957, Section 20, Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 323, 504, 385 -- Members of force - Protection of acts - Availability of - Held, S.20 of the Act 1957 has no application for any offence punishable under provisions of Indian Penal Code and specifically in this case, Ss.323, 504 and 385 IPC - For..........
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...........
