Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere filing of FIR is not sufficient to prove allegations of cruelty and dowry harassment without being proved by cogent evidence...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Matter is purely of civil nature - Instead of seeking his remedies through civil Court, complainant chose to made complaint to police and despite opinion of District Attorney that no criminal case was made out, FIR was still registered - Prima facie..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 67A -- Anticipatory bail - Rape - Whatsapp screen shot between accused and victim shows that victim voluntarily went to hotel knowing very well that accused along with co-accused were there in the hotel - Sex they had at the hotel was consensual in nature - Receipt of payment of Rs.5000..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Recovery memo did not bear the signature of accused - Private person had joined the police party and also signed the recovery memo but he was not made a witness by prosecution for the reason best known to it - More so, FIR no. has been mentioned on the recovery memo which puts a serious dent..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court can quash FIR even when charge sheet is filed during pendency of such petition...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - While invoking inherent jurisdiction, it is wholly impermissible for High Court to enter into factual arena to adjudge the correctness of allegations in the complaint...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 316, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Parties lived in live-in-relationship for one year - FIR lodged when accused refused to marry victim - Keeping in view the uncertainty regarding conclusion of trial, one sided investigation by..........
Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Cheating - Quashing of FIR - Accused being power of attorney executed sale deed in favour of wife of complainant - Offence of inducement to purchase property as disclosed in the FIR, was allegedly committed by some other co-accused - Patta was issued by and to some other co-accused and accused was not a..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Testimony of eye witnesses - Allegation that accused poured kerosene oil upon PW1 and threw a matchstick upon him - However, despite lodging of FIR immediately after the incident, kerosene soaked clothes of PW1 and can of kerosene oil were not recovered - As per prosecution not a single article was burnt in the..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of FIR - Merely because a civil remedy may be available to complainant that itself not a ground to quash criminal proceeding - On a bare reading of FIR a cognizable offence is made out - Petition for quashing dismissed...........
