Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation that appellant used to suspect character of his wife and allegedly subjected her to mental harassment on that basis - Suspicion, however strong cannot take place of proof - Witnesses have deposed about suspicion and strained relations but have not attributed any specific overt act of instigation,..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Offence of bigamy can be committed only by a person who having a living spouse, contracts a second marriage during subsistence of first valid marriage...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Provision does not contemplate prosecution of relatives or third parties who are not parties to alleged second marriage...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Petitioner is admittedly elder sister of deceased and not spouse alleged to have contracted second marriage - Therefore, very invocation of S.494 IPC against petitioner is legally misconceived - Proceedings qua petitioner quashed...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Statutory framework does not permit summoning of a person other than husband or wife who remarries for substantive offence u/s 494 IPC - At best and that too subject to specific allegations and proof, such a person could be proceeded against for abetment u/s 109 IPC - In the absence of such foundational allegations,..........
Indian Penal Code, 1860, Section 419 -- Offence u/s 419 IPC - In the absence of specific averments disclosing impersonation and resultant deception, offence u/s 419 of IPC is not made out even prima facie - Proceedings qua petitioner, quashed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.69) - Bail - Rape - False promise of marriage - Applicant had repeatedly assured prosecutrix that there was no impediment to their marriage including on aspect of kundali matching and had represented that horoscopes had already matched - It is on..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Nothing is found that promise was there from inception of long standing relationship and prosecutrix engaged in sexual relations on basis of such promise - Rather, case would be an instance of consensual sexual relationship with subsequently turned..........
Indian Penal Code, 1860, Section 313, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 313 IPC - Allegations do not inspire confidence to construe an offence constituted u/s 313 Cr.P.C. - Offence took place long back in the year 2020 and prosecutrix further continued with relationship till 2022 - Proceedings quashed...........
Indian Penal Code, 1860, Section 417, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 417 IPC - Prosecutrix allegedly induced to go for sexual relationship but they travelled together voluntarily on multiple occasions, stayed together and conducted in the manner akin to husband and wife - Such conduct indicates mutual consent and companionship rather then..........
