Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offence u/ss 498-A, 406, 34 IPC - Allegation by husband that wife is not capable of sexual intercourse - However, accused personally present in Court and admitted that during stay of 24 days, they had sexual relations - Accused thus, bluffed and misled Court by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 323, 498A, 34 -- Anticipatory bail - Offence u/ss 420, 406, 323, 498-A, 34 IPC - Complaint prima facie do constitute offences as alleged - Petitioner abandoned his wife/complainant almost since very inception of marriage and failed to maintain her with due dignity and honour - He is not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Compromise - Parties have settled their dispute amicably - Complainant does not want to press charges levelled in the FIR - It is thus, a fit case where to quash FIR - FIR quashed...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Absence of convincing evidence as to entrustment of dowry articles - Question of misappropriation of dowry articles does not arise - Proof of entrustment is one of the main ingredients of offence of criminal breach of trust to attract an offence punishable u/s 406 IPC...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Proof of entrustment is one of main ingredients to bring home offence of criminal breach of trust so as to attract an offence punishable u/s 406 IPC...........
Indian Penal Code, 1860, Section 498A, 406 -- Offence u/ss 498-A, 406 IPC - No specific allegation of any entrustment of any article having been made to any of accused - No convincing evidence from which an inference could be drawn that complainant was subjected to alleged harassment so as to pressurize and coerce her to meet unlawful demands of dowry of accused - Accused..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Reduction of sentence - Accused is 75 years old and has already undergone sentence of more than 6 months - Conviction of accused u/s 420 IPC is thus, maintained - However, sentence qua imprisonment of accused is reduced to period already undergone by him...........
Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 4 -- Complaint u/ss 498-A, 406, 34 IPC and S.4 of 1961 Act - Jurisdiction of Court - Appellant living in Delhi - Place of occurrence as per FIR was Meerut - Court at the place where wife resides after leaving matrimonial home has jurisdiction to entertain a complaint u/s 498-A IPC - Case..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 498-A, 406, 34 IPC - Offences in question are not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of proceedings will not only..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 447, 201, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Quashing of FIR - Offence u/ss 406, 447, 201, 120-B IPC and S.13(2) of P.C Act - Illegal felling of trees - No specific allegations if any with regard to uprooting/felling of trees standing on land used by petitioner for..........
