Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If complaint is out of vengeance, then Court can interfere u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 354, 511, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of women - Quashing of proceedings - Complaint has been lodged out of mala fide intention after a lapse of 15 days from the date of lodging of FIR by applicant No.1 against husband and..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324, 341, 504, 34 -- Compounding of offences - Offence u/Ss. 324, 341, 504, 34 IPC - National Lok Adalat discharged accused of offence u/Ss. 324, 341, 504, 34 IPC - However, S.324 IPC is a non-compoundable offence and Lok Adalat has no jurisdiction in matters relating to non-compoundable offence -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW5 for further cross-examination - PW5 is a material witness and credibility of testimony of PW5 is going to have far reaching effect on outcome of case - Since at the time of cross-examination due to inadvertence or otherwise accused could not cross-examine PW5 qua some relevant aspect, in order to dispense justice..........
Criminal Procedure Code, 1973, Section 125, 128 -- Application u/s 125 Cr.P.C and S.128 Cr.P.C - Can be filed against a minor...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance allowances can be granted up to the extent of 25% of the net income of husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Minor husband - Husband at the time of filing of application was minor but at the time of passing of order granting maintenance he attained the age of majority i.e. approximately 20 years old - In such circumstances, before the date of attaining age of majority i.e. when he was minor, it was..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Minor husband - Wife refused to live with her husband during course of trial on account of facing harassment and cruelty, time and again on the part of husband - Wife has sufficient and cogent reason to live separately from her husband - Though there is no exact income of husband on record but..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Petitioner was declared proclaimed offender without affording her prerequisite time period of 30 days to appear before trial Court - Requisite procedure as mandated by S.82 Cr.P.C. was not completely followed in letter and spirit - Continuation of proceedings would be an abuse of process and deserve to be quashed..........
Criminal Procedure Code, 1973, Section 125, 128 -- Application u/s 125 Cr.P.C and S.128 Cr.P.C - Can be filed against a minor...........
