Indian Penal Code, 1860, Section 376, 376(2)(n), 377, 504, 506 -- Rape - Quashing of FIR - Relationship between accused and prosecutrix in respect of indulging in sexual activities was not shown to be consensual to justify quashing of criminal complaint at the threshold - Allegations in the F.I.R. prima-facie constitute the commission of alleged offence - Defence of..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against A-5 to A-7 - Allegations made against accused persons are not only omnibus but also without any specific allegation of overt act imputed against them - Complainant states that when she was being threatened by her mother-in-law, A-5..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against A-3, A-4 and A-8 - Prima facie case made-out against mother-in-law, father-in-law and husband of complainant - Correctness or otherwise of the same is a matter which requires to be investigated - High Court erred in entering into..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Jurisdiction of Court - Complainant having been driven out of her matrimonial home had been residing at her father's residence/paternal home i.e. Jamshedpur - Marriage also taken place at Jamshedpur - Court at Jamshedpur thus, has jurisdiction...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 406, 504, 506 -- Quashing of proceedings - Cheating - Allegations made in the FIR even if taken at its face value, do not disclose the commission of an offence to make out a case against accused - Continuation of proceedings would not be in the interest of justice and..........
Indian Penal Code, 1860, Section 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 323, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Accused and complainant had been living as husband and wife and three children were borne from their co-habitation - Allegation of demand or receiving of dowry on the part of accused will attract ingredients of..........
Indian Penal Code, 1860, Section 376(2)(n), 354D, 504, 506, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(v), 3(2)(va) -- Rape - Quashing of proceedings - Initial version of prosecutrix that accused committed rape upon her and she became pregnant and accused caused her abortion for which she was..........
Indian Penal Code, 1860, Section 376, 377, 323, 393, 427, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of charge sheet - Accused initially raped victim by making her to consume a contaminated cold drink thereby making unconscious - It was prima facie an act of force without consent - Subsequently, accused had established physical relationship..........
Indian Penal Code, 1860, Section 376(2), 377, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Acquaintance between prosecutrix and accused started in the year 2011 - Physical relationship commenced in 2012 and continued till 2017 - It is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 504, 506 -- Quashing of proceedings - Cheating - Mere fact that allegations also make out existence of civil dispute would not be a ground to quash criminal proceedings when allegations clearly make out commission of cognizable offences by accused - Correctness of allegations will be..........
