Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating & Criminal breach of trust - Quashing of FIR - Non payment of sale price - Does not amount to cheating and criminal breach of trust - FIR quashed...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - FIR is filed showing that appellant had an intention to cheat and commit breach of trust - However, documents on record belie the allegations in FIR - Mere civil dispute has been given the colour of an offence of cheating and criminal breach of trust - By..........
Indian Penal Code, 1860, Section 364, 376 -- Abduction and rape - Entire story as narrated by victims is full of holes and it raises a grave suspicion which qualifies as reasonable doubt - Nobody examined from matrimonial house to speak on the victims having left their residence without informing their in-laws or their husbands - Doctor who examined victims, deposed that..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely because act of an accused is highly insulting to deceased by using abusive language would not by itself constitute abetment of suicide - There should be evidence suggesting that accused intended by such act to instigate deceased to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Remark made questioning the manhood of deceased could be hurtful and may affect a person's dignity - But it cannot in itself and especially after a gap of nearly a month between incident and suicide can be construed as a sufficient provocation that would impel an ordinary reasonable person to take such an..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Suicide note - There has been no contact whatsoever either in person or by phone or any other means between deceased or his relatives and his wife or any of other accused which would indicate continuous harassment or torture or any sort of pressure at the hands of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 379B, 427, 506, 147, 148, 149 -- Bail - Attempt to murder - Petitioner is behind bars from last 1 year 11 months and 24 days as on 29.4.2025 - Out of 42 PWs only 8 PWs have been examined till date - Conclusion of trial will take considerable long time - No useful purpose would be served..........
Indian Penal Code, 1860, Section 498A, 323, 355, 504, 34, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 498-A, 323, 355, 504, 34 IPC - Quashing of FIR - Compromise between the parties - Complainant testified that she had compromised the matter with accused voluntarily without any influence from any person, and she was residing happily in her..........
Indian Penal Code, 1860, Section 377, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Unnatural Offences - Quashing of FIR - Compromise between parties - Offence u/s 377 IPC is similar to an offence punishable u/s 376 IPC, which is heinous and against society - Offence u/s 377 being heinous and against society, cannot be quashed while exercising inherent..........
Indian Penal Code, 1860, Section 377, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Unnatural Offences - Quashing of FIR - Compromise between parties - Accused alleged that offence u/s 377 IPC was falsely introduced during investigation - However, High Court cannot go into the truthfulness or otherwise of the allegation made in the complaint - Allegation alleged..........
