Criminal Procedure Code, 1973, Section 340, 482 -- Wrong statement by wife regarding income in a dispute between husband and wife - In such a dispute parties are at liberty to take false and wrong pleas - Trial Court is not entitled to feel aggravated and to direct filing of complaint through registry against the litigant that does not serve the purpose except the wasting..........
Criminal Procedure Code, 1973, Section 203 -- Complaint - Dismissal by holding that dispute revolves round sale deed of alleged land of complainant for which complainant may initiate civil proceedings - As alleged sale deed has not been cancelled by any Court of competent jurisdiction, thus, no occasion arises to summon accused on any of offences - Complaint case rightly..........
Criminal Procedure Code, 1973, Section 473 -- Extension of limitation - If Court is satisfied, that complainant has properly explained the delay, or ultimately if Court comes to conclusion that in the interests of justice it is a fit case where delay has to be condoned, Court is not precluded from applying S.473 of the Code...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately from husband and marriage between parties is still subsisting - Husband being Army personnel getting more than Rs.45,000 p.m - Thus, maintenance of Rs.15,000 p.m rightly granted by Court below...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Once Court concludes that continuation of prosecution against petitioners is an abuse of process of law, there is no need to delve into the questions of jurisdiction or to recourse to provisions of S.202 Cr.P.C...........
Criminal Procedure Code, 1973, Section 216, 2(wa) -- Victim - Application u/s 216 Cr.P.C. - Father of injured being legal heir, comes in the category of victim' as provided under Cr.P.C. - He thus, has a right to move an application u/s 216 Cr.P.C., before Court...........
Criminal Procedure Code, 1973, Section 433A -- Remission - Convict is not permitted to submit an application u/s 433-A Cr.P.C. because of sentence imposed by Court - If the imposition of sentence is justified, as a natural corollary principle of remission does not arise - Principle for applying remission arises only after expiry of 14 years if Court imposes sentence of..........
Criminal Procedure Code, 1973, Section 377, Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Honour killing - Sentence - Enhancement of - Prosecution preferred an appeal u/s 377 Cr.P.C. before High Court for enhancement of sentence from life imprisonment to death sentence - High Court have power to enhance the sentence from life imprisonment to death sentence...........
Criminal Procedure Code, 1973, Section 482 -- Compromise - Non compoundable offence - High Court in exercise of its inherent power can quash criminal proceedings or FIR or complaint - S.320 Cr.P.C. does not limit or affect the powers u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise when matter still under investigation - High Court may accept settlement to quash criminal proceedings - However, where charge is framed but evidence is yet to start, High court can exercise it's powers, but after prima facie assessment of circumstances/material mentioned therein...........
