Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354 -- Quashing of FIR - Offence u/ss 498-A, 406, 354 IPC - Allegation against father-in-law and mother-in-law - Husband and wife living separately long back before FIR came to be lodged - Allegation of outraging modesty of complainant as against her father-in-law was not found..........
Indian Penal Code, 1860, Section 499 -- Defamation - Complaint not disclosing defamatory/precise defamatory part of publication - To that extent complaint is patently defective and bad - Moreover, paper publication only reveal that publication mainly related to certain admitted facts and based on complaint made by second respondent - Publication by petitioner is totally..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of FIR - Love affair between parties which continued unabatedly for almost 12 years - Accused and prosecutrix involved in a purely consensual relationship with each other for nearly a decade - Allegation against accused that prosecutrix was..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Entrustment of stridhan - Quashing of order framing charges - Allegation against accused/brother-in-law of complainant - Highest allegation of complainant regarding entrustment of her stridhan article was against her mother-in-law, who has passed away - Nothing on record..........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Doctor who conducted post mortem of deceased has not given definite opinion regarding homicidal nature of death of deceased - Cause of death as per Doctor is due to asphyxia by hanging - However, prosecution not proved that deceased was hung by accused - PW1 not present at home at the time of death of his mother -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 450, 511, 506, 120B -- Bail - Murder - Accused is in custody since 21.6.2017 - Three PWs declared hostile - Custodial interrogation of accused is not required - Conclusion of trial will take some time due to COVID-19 situation - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 34 -- Bail - Marriage performed with one `G' by executing marriage agreement and attested by Notary - Applicant signed the marriage agreement as a witness - After 5/6 days said `G' fled away from his house with all her belongings - Applicant is in custody since 16.09.2020 - Without..........
Indian Penal Code, 1860, Section 376(2)(n), 90 -- Rape - Consent - False promise of marriage - Prosecutrix and accused were in relationship with each other and has sexual intercourse many a times - She was a major around 25 years of age and she was intelligent enough to understand the significance and moral quality of the act she was consenting to - Prosecutrix even became..........
Indian Penal Code, 1860, Section 376 -- Rape - Past sexual relationship of prosecutrix with accused if any, would constitute offence of rape irrespective of consent, if prosecutrix was minor at relevant time...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Love affair between parties - Prosecutrix has not only in her complaint but also in her statement recorded u/s 164 Cr.P.C repeatedly stated that accused had sexual intercourse with her against her consent - Mere fact that prosecutrix was quite friendly with accused for a long..........
