Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Compromise - Parties have settled their dispute amicably - Complainant does not want to press charges levelled in the FIR - It is thus, a fit case where to quash FIR - FIR quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea taken by husband that his income is on lower side is not substantiated or proved by him - Amount of maintenance as determined by Family Court @ Rs.1000 pm is too meager, particularly when wife has no independent source of income - Even otherwise, determination made was not correlated with actual..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Admittedly,`K' and `S' were owner of land - `SK' claimed that `K' and `S' executed collaboration agreement which is claimed by complainant to be forged document - Moreover, `SK' executed agreement for allotment of flat..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Kidnapping and rape - Parties settled their disputes and entered into compromise - However, offence u/s 376(2)(n) IPC is no, compoundable offence, as offence is not personal in nature and it would affect society - Having regard to nature of..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Defamation - Question of applicability of Exceptions of S.499 IPC as well as all other defences that may be available to accused will have to be gone into during trial of case - Prima facie words spoken by petitioner to Manager of hotel are defamatory to..........
Criminal Procedure Code, 1973, Section 311 -- Re-examination of I.O and examination of additional three witnesses - Court below while allowing application for re-examination of I.O not discussed relevance of witness and necessity to examine I.O - Non-speaking order passed by trial Court - Order to extent of allowing re-examination of I.O set aside - However, as regarding..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Rejection of - Trial Court while disposing application has not recorded its categorical finding as to whether presence of witness is essential for due disposal of trial or not - Merely giving finding that prosecution is trying to fill up lacuna, does not absolve trial Court from its responsibility as..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37(1)(b) -- Bail - Offence u/s 22 of NDPS Act - Recovery of 51 strips of tramadol hydrochloride parvori, spas - Recovery of contraband made from co-accused - Whether petitioner was in conscious possession of contraband recovered from co-accused and the fact that he..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 405, 420, 120B -- Quashing of FIR - Offence u/ss 405, 420, 120-B IPC - Nothing attributed against petitioner in FIR by complainant - FSL report shows that standard signatures of petitioner does not tally with signatures on LSR - Even, nothing on record to show that Bank had paid any legal..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Final report filed within time - As investigation entrusted to CBI as such final report set aside - Held, once investigation agency files charge sheet within prescribed period, right of accused to get default bail ceases...........
