Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Further investigation - Final report on basis of dying declaration - Plea that dying declaration was manufactured and frivolous and that there was no dying declaration of deceased - This fact not investigated by I.O. - Final report..........
Criminal Procedure Code, 1973, Section 437(4), Indian Penal Code, 1860, Section 304B, 498A, 306 -- Bail - Dowry death - Cruelty - Magistrate granted bail to accused - However, order does not give reasons sufficient to hold that there are no reasonable grounds for believing that accused have been guilty of offences - Magistrate thus, acted without jurisdiction in granting..........
Indian Penal Code, 1860, Section 307, 498A, 323, 324, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offence u/ss 307, 498-A, 323, 324 IPC - Injuries sustained in almost every part of body that too by blunt object and sharp edged weapon - Compounding of such heinous offence will be against ends of justice and it will be detriment to..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Summoning of additional accused - Dowry death - Main allegation is against husband and father-in-law of deceased supported by dying deceleration - However, no accusation against prospective accused in dying declaration - General allegation..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 406, 498A -- Quashing of FIR - Compromise - Offence u/ss 420, 406, 498-A IPC - Compromise entered between parties is genuine, voluntary and without coercion and undue influence - Complainant already made statement with regard to compromise, therefore, no prejudice would be caused to her,..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - Mere fact that woman committed suicide within seven years of her marriage and she had been subjected to cruelty by her husband, does not automatically give rise to presumption that suicide had been abetted by her husband - Court is required to look into all..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Dowry demand - Parties amicably settled their dispute voluntarily, without threat, inducement and coercion - Though offence in question are non-compoundable, however, offences are of personal in nature and will not..........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, 34 -- Cruelty - Quashing of FIR - Complainant concocted a story that there was demand of dowry before marriage and at the time of marriage - However, there is no complaint made then or soon after couple had left for USA - Allegations of cruelty, harassment and torture if any took place in USA and cognizance of it could..........
Criminal Procedure Code, 1973, Section 177, 178, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 506, 34 -- Jurisdiction of Court - Cruelty - Quashing of FIR - All the offences itself complained arose in USA - Parties had invoked jurisdiction of US Court for their matrimonial dispute and all disputes stand settled - FIR at Panipat would not be sustainable qua..........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise between parties - Wife having taken benefit under the compromise not coming forward to get her statement recorded to quash FIR - Wife cannot be permitted to back out of compromise - Proceedings under the FIR deserve to be quashed - FIR and all subsequent..........
