Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations levelled in the FIR are mostly vague and general in nature - Complainant and accused severed their ties and they both settled in their respective lives abroad - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Application is completely vague, as it does not in any manner suggest as to what the said witness wants to testify - However, reading between the lines if the intention of petitioner/accused is to dispute the..........
Indian Penal Code, 1860, Section 498A, 376, 34 -- Cruelty - Allegations against family members of husband - General and vague allegations made against applicants without specific examples of cruelty and harassment - No serious allegations as such against applicants - These are merely omnibus allegations which are not supported by any evidence, as regards the ill-treatment..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - General and vague allegations were made against petitioners - Wife has given list of incidents of cruelty in FIR - However, instances are also of a nature that do not fulfill the ingredients of S.498-A IPC - In fact, some of ill-treatment as alleged are not even complainant..........
Evidence Act, 1872, Section 32(1), Indian Penal Code, 1860, Section 302, 34 -- Two dying declarations - One recorded by ASI and second by Executive Magistrate - In dying declaration recorded by Executive Magistrate, deceased made a general and vague allegation that people of her house had set her on fire - In dying declaration before ASI deceased made detailed allegations..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Vague and generic allegations made against wife regarding her cruel behavior towards mother of husband and husband - Even, there was no complaint made by mother of husband against wife - Rather, mother of husband executed Will in favour of wife - That demonstrates the nature of..........
Indian Penal Code, 1860, Section 498A, 406, 420, 120B -- Cruelty - Allegations against family members of husband - General, vague and omnibus allegations were levelled against accused in the FIR - No specific role is attributed to accused except causal reference of their names mentioned in the complaint given to police which formed the basis for registration of FIR - FIR..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant as a witness - Previous counsel of accused failed to put some questions as well as some documents to complainant - Relevance, admissibility and reliability of any such question or document was supposed to have been spelt out by accused so as to enable Court to evaluate the requirement of recall of..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against A-5 to A-7 - Allegations made against accused persons are not only omnibus but also without any specific allegation of overt act imputed against them - Complainant states that when she was being threatened by her mother-in-law, A-5..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Relentless and incessant nature of the volley of allegations made by husband against wife, as initially he had filed a divorce petition against wife on the ground of adultery and cruelty - It is subsequently during the pendency of the proceedings, that divorce on the ground of adultery..........
