Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - There is clear averments in FIR that marriage between accused and deceased has taken place - At the time of incident, deceased was residing with accused - Even otherwise, question as to whether deceased was legally..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Respondent No.3 and Respondent No.4 with the able assistance of a battery of advocates in the Supreme Court and many other unknown persons had made brazen attempts to falsely implicate Respondent No.2 by filing false proceedings in the name of one `B' in the High Court and Supreme Court, by..........
Criminal trial -- Fraudulent proceedings - To create or to assist creating false documents and to use them as genuine knowing them to be false in the Court proceedings, to falsely implicate somebody in the false proceedings filed in the name of person who had no knowledge whatsoever about the same are the acts attributable to the offences punishable under BNS - They are..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Loss of job as portrayed by husband due to alleged reason of recovery proceedings qua maintenance against him, cannot be considered as a mitigating circumstance to free him of his obligation to maintain wife in compliance of impugned order of granting maintenance to wife, particularly when reason of..........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Loan for consideration of interest - There is no question of entrustment as such there is no criminal breach of trust - FIR and proceedings arising therefrom quashed...........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Proceedings u/ss 82, 83 Cr.P.C - Petitioner due to lack of communication coupled with misunderstanding created by circumstances beyond the control of petitioner, gathered impression that pending criminal proceedings before trial Court had been dropped against him and thus, he became lax - Dereliction on..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Exoneration in department proceedings cannot be the basis for quashing of criminal case - Criminal case has to be proceeded on the basis of evidence adduced in it - Same has to be tested by trial Court and then a judgment has to be pronounced on the basis of evidence adduced and produced..........
Criminal Procedure Code, 1973, Section 197(2), Armed Forces (Special Powers) Act, 1958, Section 6, Indian Penal Code, 1860, Section 302, 307, 326, 201, 120B, 34 -- Sanction for prosecution - Murder - Sanction as required u/s 6 of 1958 Act has been declined by competent authority - FIRs in question cannot continue any further - However, since State has already assailed said..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Compromise arrived at between husband and wife - Wife has received a sum of 11 lacs towards her entire maintenance/permanent alimony from husband and a decree of divorce on account of mutual consent is also passed by concerned Family Court - Since wife has reaped all benefits from the..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(10) -- Proceedings under SC/ST Act - Video recording - Even, a proceeding seeking registration of FIR would be covered by expression `any proceeding' used in Dr.Hema Suresh Ahuja case - Video recording hearing of Criminal Appeal allowed...........
