Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Complaint inspired by malice and version contained therein full of high improbabilities - Continuation of proceedings on that basis is likely to result in abuse of process of Court - Entire proceedings of complaint in question..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against family members of husband - Applicants not lived with complainant - Husband of complainant not made accused - Change of version between version given in police station and version given out in complaint is..........
Criminal Procedure Code, 1973, Section 245, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 379, 504 -- Discharge - Offence u/ss 498-A, 323, 406, 379, 504 IPC - Complainant filed complaint against her i, laws - Discharge application of accused dismissed by Magistrate and quashing petition against the same also dismissed by High Court - No good grounds found to..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Provocation with intention/knowledge to victim so that he breaks public peace or commits any other offence as indicated u/s 504 IPC is lacking in evidence - No offence u/s 504 PC is thus, made out - Accused acquitted u/s 504 IPC...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 506 -- Cheating - Forgery - Quashing of proceedings - Breach of contract - It is nowhere stated in complaint that there was any intention on part of accused to cheat or defraud at inception of contract - It is admitted that pursuant to agreement, two installments were paid and thereafter subsequent installments were..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 504, 505(1)(c), 509, Tamil Nadu Prohibition of Women Harassment Act, 2002, Section 4 -- Anticipatory bail - Outraging modesty of women on facebook - Controversial post on facebook degrading women journalists - Amounts to violation of constitutional rights of women - Bail rightly rejected...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 313, 420, 452, 504, 506 -- Discharge - Rape case - Prosecutrix willingly consented to having sexual intercourse with accused with whom she was deeply in love, not because he promised to marry her but because she also desired it - It cannot be therefore, hunt prudent mind that she has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 186, 332, 353, 120B, 504, 342, 506 -- Bail - Offence u/ss 186, 332, 353, 120-B, 504, 342, 506 Part II, 323, 34 IPC - Out of offences made out against petitioner only Ss.332, 353 IPC are no, bailable and punishable for a sentence upto three years and two years imprisonment respectively - No..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 504, 506 -- Withdrawal of complaint - Warrant case - Not permissible - Magistrate can discharge accused u/s 245(1) Cr.P.C. if upon taking evidence referred to in S.244 Cr.P.C. finds that no case against accused is made out...........
Indian Penal Code, 1860, Section 354A, 354B, 354C, 354D, 406, 506, 504 -- Summoning order - Offence u/ss 354-A, 354-B, 354-C, 354-D, 406, 506, 504 IPC - Allegations made by prosecutrix against accused in FIR supported by her statements u/ss 161, 164 Cr.P.C along with statement u/s 161 Cr.P.C of independent witnesses, by which they have given vivid description about nature..........
