Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 377, 506 -- Anticipatory bail - Rape - Complainant was in relationship with appellant for a period of four years - Complainant was 21 years of age when relationship started - Now, if the relationship is not working out, the same cannot be a ground for lodging FIR for the offence of rape..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - False implication of relatives of husband in matrimonial disputes basing on general and omnibus allegations, if left unchecked would result in misuse of process of law - Proceedings against..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - Main allegations against husband - Family members of husband who are mother and sister in law appear to have been implicated by way of general and omnibus allegations - No specific and distinct..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 324, 347, 385, 386, 143, 147, 148, 149, 427, 504, 506, 120B -- Bail - Attempt to murder - Role attributed to accused is that of being a prime conspirator - Existence of conspiracy and nexus between accused and assailants are matters for evidence and trial - Fact that informant and..........
Indian Penal Code, 1860, Section 420, 466, 465, 468, 471, 211, 511, Criminal Procedure Code, 1973, Section 227 -- Cheating - Discharge - Statement of witnesses and I.O. prima facie disclosing materials to proceed against accused - Discharge application rightly dismissed...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 326A, 504, 506 -- Discharge - Offence u/ss 326-A, 504, 506 IPC - Injuries caused by acid burn - Prima facie material to frame charge against accused - Discharge application rightly dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 302, 201, 120B, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - While granting bail High Court not considered heinous nature of allegations, gravity of offence alleged and severity of punishment in the event of ultimate conviction - Ex facie the allegations are..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 323, 341, 354, 379 -- Anticipatory bail - Rape - Recoveries in the case are yet to be made - Accused not fully cooperated in the investigation - Considering seriousness of offence alleged, it is not a fit case for grant of anticipatory bail - Order granting anticipatory bail set aside...........
Criminal Procedure Code, 1973, Section 216 -- Addition of charge u/s 458 IPC - Incident in question not occurred in the house of complainant as alleged by him, but in fact it took place outside his residence - Neither were complainants armed with lathis, sariyas or any other weapons, as alleged by them in FIR, nor it was found that during the investigation that articles in..........
Indian Penal Code, 1860, Section 379, 452, 504, 506, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 452, 504, 506, 147, 148, 149 IPC - Compromise - Quashing of proceedings - Entire dispute between parties compromised in 2022 - Case is pending since 2015 - Proceedings quashed on basis of compromise subject to deposit of exemplary cost of..........
