Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Accused assaulted complainant with abuse and scuffle and also extended threat of dire consequences - Earlier to present incident accused committed same occurrence for which proceeding u/ss 107, 116 Cr.P.C was taken by..........
Limitation Act, 1963, Article 76 -- Malicious prosecution - Suit for damages - Limitation - Period of limitation is prescribed as one year when plaintiff is acquitted or the prosecution is otherwise terminated...........
Limitation Act, 1963, Section 12(4), Article 76, Civil Procedure Code, 1908, Order 7, Rule 1 -- Malicious prosecution - Suit for damages - Limitation prescribed is one year - Exclusion of time in legal proceedings - Order of acquittal passed on 23.04.2014 and suit for compensation instituted on 23.06.2015 - Nothing on record in regard to the time consumed in obtaining..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - No cogent, much less any reliable evidence is forthcoming that wife had been indulging in cruel behavior right from very beginning of their marriage, as contended by husband - Even allegation qua her illicit relations with some boy in England does not deserve any credence in absence of any..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Conduct of husband in leveling scandalous and malicious allegations of adultery against wife, not substantiated by any evidence, amounts to cruelty...........
Criminal Procedure Code, 1973, Section 156, Indian Penal Code, 1860, Section 342, 376, 506 -- Defective investigation - Final report in favour of accused - Offence u/ss 342, 376, 506 IPC - Serious allegations and imputations against accused were made by victim in her statement recorded u/s 164 Cr.P.C - Slight variation in statement of victim and/or S.161 or S.164 Cr.P.C..........
Malicious prosecution -- Compensation - No complaint with regard to custodial torture - It is mental agony which a person undergoes when he is confined within the four walls of a police station or lock up - There may not be infliction of physical pain but definitely there is mental torment...........
Malicious prosecution -- Civil suit for compensation filed - That does not debar constitutional court to grant compensation taking recourse to public law...........
Malicious prosecution -- Compensation - Appellant, a successful scientist having national reputation was compelled to undergo immense humiliation - It is not a case where appellant is kept under custody and eventually after trial, he is found not guilty - Entire prosecution initiated by State police was malicious and it has caused tremendous harassment and immeasurable..........
Malicious prosecution -- Action against erring officials - Obtaining factual scenario calls for constitution of a Committee to find out ways and means to take appropriate steps against the erring officials - For the said purpose committee constituted which shall be headed by former judge of Supreme Court - Central Government and State Government are directed to nominate..........
