Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354 -- Quashing of FIR - Maltreatment of wife by husband - In conciliation proceedings husband gave in writing that he will not maltreat wife again if she came back to live with him - This statement is virtually an admission of fact that husband maltreated wife - Allegations of..........
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...........
