Indian Penal Code, 1860, Section 376(2)(n), 307, 324, 323, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 376(2)(n), 307, 324, 323, 504, 506 r/w S.34 IPC - Quashing of proceedings - Agreement of surrogacy - Agreement is against public policy - Agreement of surrogacy is not legalized in India - Application u/s 482 Cr.P.C. rejected...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 15, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Juvenile - Rape - Conduct of petitioner of repeatedly raping victim, cleaning the blood and threatening her not to reveal the incident to any person, showed that petitioner was aware of..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Breach of contract - Criminal law cannot be invoked to settle private civil disputes nor can it be used as a tool of coercion...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Breach of contract - Complainant admitted that he was not in a financial position to pay remaining sale consideration and had signed agreement being fully aware of its contents - Earnest money was paid as part of agreement to sell and agreement clearly stipulated that in the event of default by buyer, earnest money..........
Prevention of Corruption Act, 1988, Section 7A, Indian Penal Code, 1860, Section 120B -- Offence u/s 7-A of P.C Act and S.120-B IPC - Role of petitioner was duly established by trap proceedings conducted by ACB in furtherance of a larger criminal conspiracy along with co-accused - Special Judge took cognizance against petitioner and co-accused for hatching a criminal..........
Indian Penal Code, 1860, Section 304B, 498A -- Bail - There is prima facie disclose ingredients attracting the offence alleged - The right of the victim, especially a young woman who died while allegedly being harassed for dowry, and who was three months pregnant, must be given due regard - Her voice, now silenced forever, can only be heard through the evidence brought..........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Offence u/ss 420, 120-B, 34 IPC - Successive FIR - Section 300 CrPC debars a second trial - This is based on the public policy that no one should be harassed twice for the same offence by putting him to trial again and again - Moreover, it has been well settled that successive FIRs in respect of a same cognizable offence..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere acquittal from charges u/s 406 IPC, cannot ipso facto be construed, as an act of cruelty on part of wife so as to entitle husband to divorce more particularly when husband has been convicted u/ss 498-A, 323 of IPC...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Compromise - Quashing of charge sheet - Applicant and 4 other members of his family were accused of harassing and killing deceased for dowry - Guilt of all accused persons against whom same allegations were made has been established by order of trial Court and all other accused persons have been..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Medical evidence does not support statement of victim or his mother - Neither victim child nor complainant could disclose any date, time or month, when victim was subjected to sexual abuse for the first time or last time - Allegation that accused..........
