Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of FIR - FIR registered under IPC after coming into force of BNS - FIR is nothing but an abuse of process of law, hence quashed...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Allegations against family members of husband - Mere remarks in the complaint against applicants about supporting the husband while narrating some of incidents would not perse amount to committing the offences which they have been alleged of - It would be unfair to continue the prosecution against applicants for the..........
Indian Penal Code, 1860, Section 498A, 376, 34 -- Cruelty - Allegations against family members of husband - General and vague allegations made against applicants without specific examples of cruelty and harassment - No serious allegations as such against applicants - These are merely omnibus allegations which are not supported by any evidence, as regards the ill-treatment..........
Indian Penal Code, 1860, Section 498A, 406, 504, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Specific and categoric roles are attributed to each accused independently and collectively - Sole aim of accused appears to be to extort money from complainant and her parents, as even after driving her out of matrimonial home, they have..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court not to conduct a mini trial at the time of hearing a petition u/s 482 Cr.P.C for quashing of FIR...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Agreement to sell executed between parties - Amount paid towards consideration cannot be said to have been entrusted with accused by complainant - Merely because accused refused to register the sale, it does not amount to misappropriation of advance amount - Since there was no entrustment of property,..........
Indian Penal Code, 1860, Section 307, 323, 325, 341, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Compromise - Parties are husband and wife and a compromise arrived at between them - They reached a point of dissolution of marriage and have also settled all their issues like custody of minor daughter, permanent alimony, istridhan etc. -..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - General and vague allegations were made against petitioners - Wife has given list of incidents of cruelty in FIR - However, instances are also of a nature that do not fulfill the ingredients of S.498-A IPC - In fact, some of ill-treatment as alleged are not even complainant..........
Indian Penal Code, 1860, Section 363, 366A, 346, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping and sexual assault - Victim stated that she left the house of her father on her own accord and joined the company of accused and solemnized marriage with accused on her own volition -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 452, 323, 354, 506, 509, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 452, 323, 354, 506, 509 IPC and S.25 of Arms Act - Serious allegations levelled against accused in the FIR - Accused is alleged to have trespassed into the property of complainant and threatened to..........
