Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 109 -- Offence u/ss 494, 109 - Jurisdiction - Prosecution for offence u/s 494 IPC can be launched by wife against husband at a place where she is permanently residing after commission of offence...........
Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 109 -- Offence u/ss 494, 109 - Jurisdiction - Objection as to jurisdiction - Where main accused does not made any endeavour to question the impugned order of framing charge and dismissal of revision against the same, objection as to jurisdiction on behalf of co-accused is wholly untenable...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 494, 109 -- Quashing of proceedings - Offence u/ss 494, 109 - Merely because trial of case is pending since two decades and petitioners right is violated u/art.21 of Constitution, entire proceedings as such not liable to be quashed - Petition dismissed...........
Indian Penal Code, 1860, Section 494, 120B, Criminal Procedure Code, 1973, Section 198 -- FIR - Cannot be registered for offence u/s 494 IPC which is a non cognizable offence - S.154 Cr.P.C. deals with information in cognizable cases - Moreso S.198 Cr.P.C. puts a legal embargo for prosecution by any other mode except by way of complaint by the affected person - FIR..........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 320 -- Bigamy - Offence u/s 494 is compoundable - Respondent had two children from second wife and appellant also remarried and begotten a son - Appellant would have no objection to compounding of offence u/s 494 IPC in terms of S.320 Cr.P.C. - However, respondent directed to pay a sum of Rs.5..........
Indian Penal Code, 1860, Section 494, 34, Criminal Procedure Code, 1973, Section 198, 199 -- Offence u/ss 494, 34 IPC - Complaint cannot be sent to police for investigation - If mistakenly a complaint is sent for investigation and final report is filed - Magistrate can ignore that final report and proceed on the original complaint and the action so taken by the Magistrate..........
Indian Penal Code, 1860, Section 494, 109, 114, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Bigamy - If first legal subsisting marriage is not proved in competent court of law than no offence U/S.494 IPC is committed by second wife - Held, no criminal proceedings can be initiated as first marriage is not proved - Complaint qua summoning order..........
Indian Penal Code, 1860, Section 494, 107, Criminal Procedure Code, 1973, Section 482 -- Bigamy - Abetment of offence - There is no allegation against applicants that they instigated `R' to commit an offence punishable u/s.494 IPC - There is no allegation that applicants engaged themselves in any criminal conspiracy to commit an offence u/s.494 IPC - It is the case of..........
Indian Penal Code, 1860, Section 498A, 494, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Quashing of proceedings - Matter is purely a family dispute between husband and wife - Both husband and wife have reconciled their differences as per statement duly recorded by Magistrate - Held, fit case to quash..........
Criminal Procedure Code, 1973, Section 155(4), 198, Indian Penal Code, 1860, Section 498A, 323, 494 -- Cognizance of no, cognizable offence - Contention on behalf of petitioners that offence u/s.494 IPC is a no, cognizable offence, cognizance of which can be taken by Magistrate only on the basis of a complaint as required u/s.198 CrPC, and that no cognizance in respect of..........
