Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Forged and fabricated agreement to sell - Quashing of FIR - Agreement to sell in question shows that there is no visible cutting/alteration at any place - FIR is a pure tactic to escape from civil liability of executing and registering sale deed in favour of petitioners, especially in light of the fact..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - Where names of relatives of husband in matrimonial disputes are mentioned without there being any specific and substantiated allegations indicating their active role, same amounts to misuse of criminal process...........
Indian Penal Code, 1860, Section 498A, 323, 377, 406, 506 -- Cruelty - Allegations against parents-in-law - Petitioners were not residing in a shared household with wife - Nothing in the FIR which disclosed any specific date, time or proximate incident demonstrating active participation of petitioners in alleged acts of cruelty or harassment - Belated implication of..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Payment of compensation or financial assistance to families of deceased cannot be treated as a ground for quashing criminal proceedings arising out of an offence u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Offence u/s 304-A IPC is not merely between accused and complainant but have a direct nexus with public safety - Acceptance of a compromise in such matters would be contrary to larger public interest - Quashing petition dismissed...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death by rash and negligent act - Compromise - Quashing of FIR - Incident occurred at a workplace involving shuttering and structural activity, where two labourers have lost their lives after allegedly falling from a beam - Determination of role of petitioners, nature of their duties and..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Matrimonial cruelty is a continuing offence, as suffering of victim does not end with a single isolated incident but continues so long as oppressive conduct persists - Harassment and cruelty within marriage cannot be viewed in isolation, but must be assessed in the context of continuous conduct...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Delay in reporting matrimonial cruelty does not by itself necessarily erode credibility of complaint provided prosecution version is otherwise found to be believable...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Assaulting wife in connection with dowry demands is not a mere domestic dispute but a serious offence rooted in greed, coercion and gender based violence - When a woman is physically harmed because she or her family cannot meet unlawful dowry demands, it reflects deliberate and oppressive misuse of power within matrimonial..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Version of wife is natural, cogent and inspires confidence in the mind of Court - Petitioner subjected her to cruelty which is proved on record - Slight discrepancies in her evidence while narrating dates of incident cannot be considered fatal to prosecution case, as she is a rustic village woman - Conviction upheld -..........