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 -..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against father-in-law, mother-in-law and sister-in-law - Allegations against appellants are of a general nature as well as vague without any particulars - There are other omnibus statements made in complaint without any particulars whatsoever - Vague and general allegations cannot lead to forming of a prima..........
Indian Penal Code, 1860, Section 377, 506, 34 -- Unnatural offence - Allegations have been made only against husband and not against appellants - No allegation whatsoever in that context against appellants that would require them to face trial on that count - Proceedings qua appellants quashed...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Wife filed the complaint after grant of divorce, a month later - Application filed as a counter blast to fact that husband has two orders in his favour, one by Courts in Austria ordering wife to bring child back to Australia and other, by Courts in..........
Indian Penal Code, 1860, Section 420, 406, 395, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute pertaining to sale of motor vehicle by complainant to appellants and non-payment of remainder amount - Dispute is of civil in nature - Continuation of a dispute pertaining to payment of money and handing over of possession of motor vehicle, would be an..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Testimony of victim is corroborated by evidence of PW3/eyewitness which establishes the occurrence of incident which is further supported by PW4/medical officer - Prosecution has successfully demonstrated that accused assaulted complainant giving a blow to left cheek, which resulted in bleeding from left ear -..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Sentence - Offence in question occurred nearly 16 years ago and petitioner was approximately 35 years old at the time of incident - Petitioner has no criminal antecedents subsequent to his involvement in case - Sentence set aside - Imposition of fine of Rs.500 adequately serves the interests of justice...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210, Indian Penal Code, 1860, Section 394 -- Cognizance of offence u/s 394 IPC - Cannot be taken only on basis of affidavits of witnesses filed by complainant...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - After addition of charge u/s 394 IPC - When allegation was that witnesses had made certain statements before Police, which was recorded u/s 161 Cr.P.C, it was duty of prosecution to produce all such statements to Court, which was not done - Trial Court was required to call upon Police to..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - PW5 and PW6 have not uttered a single word so as to prove kidnapping as alleged or even that deceased was with them at any point of time in the evening of date of incident - Both PW5 and PW6 have turned hostile - No evidence to either prove kidnapping of deceased or that he was last seen in company..........
