Indian Penal Code, 1860, Section 427, 504, 506, Criminal Procedure Code, 1973, Section 2(d) -- Explanation - Charge sheet filed u/ss 427, 504, 506 IPC - Case not to proceed as a police case as offence u/ss 427, 504, 506 IPC are non cognizable offences - Case to proceed as a complaint case...........
Criminal Procedure Code, 1973, Section 178, 179, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Territorial jurisdiction - Cruelty - Dowry demand - Accused started demanding dowry from deceased within the territorial jurisdiction of trial Court - Deceased was harassed and treated cruelly by accused for bringing insufficient dowry -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 409, 419, 420, 506 -- Quashing of complaint - Offence u/ss 406, 409, 419, 420, 506 IPC - Compromise arrived between parties and both parties agreed to part away each other - No date fixed for filing divorce petition in compromise - Time taken by Court while recording evidence and deciding..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), Indian Penal Code, 1860, Section 420, 471, 468, 467, 109, 34 -- Bar u/s 195(1)(b)(ii) Cr.P.C - Cheating and forgery - Investigating agency prima facie found that Process Server in connivance with two witnesses and petitioners prepared documents outside Court in revenue proceedings - Bar u/s 195(1)(b)(ii) Cr.P.C not..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376D, 342, 506 -- Delayed FIR - Rape - Complaint made after delay of 22 days and it was admitted by prosecutrix that no threats were extended during that period - Even thereafter prosecutrix chose to approach lawyer first and not police and waited for another 3 days as lawyer was busy - First..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 506, 509, 354B -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 506, 509, 354-B IPC - Parties settled their dispute amicably - Accused tendered his unconditional apology in writing to complainant, which has been accepted by her - Complainant does not want to continue with..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Registered agreement to sell - Non compliance of agreement - Nature of dispute purely of civil nature - Case for specific performance already filed - Moreover, FIR was lodged prior to the date fixed for execution of registered sale deed - FIR quashed...........
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Probation - Accused `R' was 18 years of age at time of incident, therefore, trial Court committed no error in extending benefit of probation to accused `R' - Whereas other accused are concerned, they were not below 21 years of age at time of incident and after considering..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 467, 468 -- Compromise - Offence u/ss 420, 467, 468 IPC - Offences are no, compoundable in nature - Serious allegation of impersonation and fake appointment order were mentioned in FIR - It was such a case which cannot be quashed by High Court - Impugned order of High Court quashing..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Summoning of additional accused - Cruelty - Dowry death - Accused/sister-i, law of deceased though named in complaint but nothing found against her and was not arraigned as accused in charge sheet - There is not even iota of evidence against..........
