Indian Penal Code, 1860, Section 498A -- Cruelty - Mental cruelty can vary depending upon respective matrimonial cases - So it is impossible to have a uniform standard to decide `mental cruelty' in different cases as facts and circumstances are not same...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No evidence to prove that husband married for the second time - Wife herself admitted that though she had filed a complaint regarding her husband's alleged second marriage but she has withdrawn it long back - There is thus, no materials on record to prima facie prove that husband has allegedly married again - Mother of..........
Indian Penal Code, 1860, Section 379, 380, 34 -- Theft - Dispute between two brothers regarding theft of a Will left by their father - Civil suit filed by accused stands dismissed and appeal against the same also dismissed - It can thus, safely be said that criminal proceedings are nothing but an abuse of process of law - Moreover, ingredients of Ss.379, 34 IPC were..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(2)(v), Indian Penal Code, 1860, Section 376(2)(n), 506, 354(A)(1)(i), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rape - Specific case of victim is that she was subjected to rape after giving her a cake and a bottle of water by accused and later she felt..........
Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of proceedings - Allegations against accused are of very trivial nature - Cross-complaints filed by parties against each other - No progress made in proceedings since charge sheet was filed against accused in the year 2015 - Continuing the proceedings would be a persecution and..........
Indian Penal Code, 1860, Section 503 -- Criminal intimidation - In order to constitute offence of criminal intimidation, there must be threat with intention to cause alarm to the complainant or to do any act which is not legally bound to do - Mere expression of any words without any intention to cause alarm to complainant or to make him to do, or omit to do any act, is not..........
Indian Penal Code, 1860, Section 448, 442 -- House trespass - Allegation that on the relevant date, time and place, accused trespassed to the house of complainant - However, on perusal of material available on record, in civil suit Court granted temporary injunction in favour of accused and therefore, by virtue of said order, they entered the premises - Prima-facie, there..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Allegation that on the relevant date and time, accused intentionally insulted complainant to provoke his breach of peach - However, on perusal of charge sheet at column No.17, I.O. has not stated about the ingredients of S.504 of IPC - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Second anticipatory bail application - Rape - Accusation made against accused is very serious in nature and it prima facie shows a pre-mediated criminal act on his part - There is no change in any of the circumstances - Fact that victim and her husband has filed certain complaints..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Husband not disputed his presence at home at the relevant time - He failed to offer any explanation or gave false answer as to how wife received injuries - Defence of robbery taken by husband not proved as nothing on record to indicate that he had suffered any injuries - On the other hand there were..........
