Indian Penal Code, 1860, Section 498A, 406, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of two FIRs - Settlement - Offence u/ss 498-A, 406, 506, 509, 34 IPC - Matrimonial dispute - Wherein matrimonial relation is brought to an end by mutual consent and parties are eager to move on with their respective lives seeking closure and if there is nothing..........
Indian Penal Code, 1860, Section 323, 504, 506, 452, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(X) -- Offence u/ss 323, 504, 506, 452 IPC and S.3(1)(X) of SC/ST Act - Complainant and his two witnesses were present on the spot at the time of occurrence - There is no exaggeration, material contradiction or embellishment in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 427, 447, 506(2), 34 -- Quashing of proceedings - Attempt to murder - Allegations in complaint coupled with statements recorded by Magistrate, shows necessary ingredients of offences u/ss 307, 323, 427, 447, 506(2) r/w 34 IPC - Power to quash proceedings is generally exercised when there..........
Indian Penal Code, 1860, Section 302, 324, 149, 506, 342, 148, Evidence Act, 1872, Section 3, 8 -- Murder - Appreciation of evidence - Oral testimony of material witnesses corroborated by medical evidence - Even, motive of taking life of deceased made out from the incident which happened on earlier date - Findings recorded by Courts below is plausible - Conviction upheld...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Prosecutrix found habitual of sexual intercourse in report of scientific analysis - No evidence of sexual intercourse was found - She went underground and her cell phone is now switched off - Investigation reveals that petitioner informed his family members qua his..........
Indian Penal Code, 1860, Section 376, 376(2), 384, 328, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Whatsapp messages - Reproduced in application - Complainant not denied the contents of all the Whatsapp chats reproduced in application - Prima facie, the messages/chats do not even remotely suggest that any such incident as alleged had happened or that..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Second complaint on same subject matter - Complaint u/ss 420, 406, 506, 120-B IPC - Two complaints filed on the same subject matter - In the second complaint pendency of first complaint not disclosed - Prima facie it amounts to abuse of process of Court - However, CJM sent..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 468, 482 -- Cruelty - Limitation - Quashing of complaint - Complaint u/ss 498-A, 420, 406, 324, 506 IPC - Wife filed complaint against husband after delay of 8 years - Bar u/s 468 Cr.P.C not applies to offence u/s 498-A IPC, as it is in the nature of continuing offence - Even..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction - Wife claiming to have been harassed by husband not only in India but also abroad - Though no part of cause of action arose in city of Bengaluru, however, complaint filed u/s 498-A IPC a liberal approach requires to be adopted -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 148, 149, 323, 328, 452, 506 -- Anticipatory bail - Offence u/ss 148, 149, 323, 328, 452, 506 IPC - FIR does not specifically show that it is petitioner, who had caused grievous injury, although he is specifically named in FIR - Fit case for grant of anticipatory bail - Bail granted...........
