Criminal Procedure Code, 1973, Section 420, 320, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Matrimonial dispute - Quashing of proceedings - Matter is matrimonial in nature - Parties have amicably settled the matter outside Court through compromise - Held, continuation of criminal proceedings arising out of the same..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Held, offence committed u/s 506 of IPC has been held as cognizable offence - Magistrate has rightly taken cognizance of offence as a police case - Petition dismissed...........
Indian Penal Code, 1860, Section 395, 452, 427, 504, 506, Uttar Pradesh Dacoity Affected Areas Act, 1983, Section 2(b), 7(2) -- Offence u/s 395 IPC is a scheduled offence within the meaning of S.2(b) of Uttar Pradesh Act - Offence is triable exclusively by the Court of Session - Since all other offences committed in the same transaction in one incident as such trial in..........
Indian Penal Code, 1860, Section 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Charge sheet filed u/ss 323, 504 & 506 IPC - Magistrate summoned the accused for facing trial - All the three offences are non cognizable - Charge sheet submitted by police in a non cognizable offence has to be treated as complaint case and not a State case - Summoning order..........
Criminal Procedure Code, 1973, Section 482, 155(2), 2(d), Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504 & 506 IPC - Offence bailable and non cognizable - Police after investigation made report disclosing commission of non cognizable offence - Deemed to be a complaint and police office making such report a complainant - Charge sheet filed by police..........
Indian Penal Code, 1860, Section 406, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Loan advanced - Non payment - Assault with kicks and fists - Offence u/ss 323, 504 & 506 IPC made out - As far as offence u/s 406 IPC is concerned it appears that complaint has been filed to use the same as a tool for making recovery of money - Such..........
Indian Penal Code, 1860, Section 394, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 394, 323, 504, 506 IPC and S.3(1)(x) SCST Act - Discharge application moved before Magistrate - Application rejected on the ground that case is triable by Special Court of Sessions and Magistrate has no..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 394, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Bail - Offence u/ss 394, 323, 504, 506 IPC and S.3(1)(x) SCST Act - Petitioner if surrenders and applies for bail before Magistrate concerned then his bail application be disposed by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 302, 504, 506 -- Bail - Offence u/ss 147, 148, 149, 302, 504, 506 IPC - Death caused by firearm shot - Accused named in FIR which was recorded promptly - Statement of complainant recorded before trial court is in consonance with the FIR - Prosecution version supported by post mortem..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323, 504, 506 IPC and Ss.3, 4 Dowry Prohibition Act - Parties compromised - Proceedings quashed...........
