Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - When S.306 is r/w S.107 IPC, it is clear that there must be : (i) direct or indirect instigation; (ii) in close proximity to commission of suicide; along with (iii) clear mens rea to abet commission of suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Acts such as threats or harassment, without evidence of direct participation in suicide, cannot be deemed sufficient to establish abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No suicide note was discovered in proximity to deceased, which significantly complicates task of determining motive behind individual's tragic decision to take his own life - Assertion of harassment and torture made by complainant against petitioner, while serious, does not suffice to establish culpability u/s..........
Indian Penal Code, 1860, Section 500, 501, 504 -- Offence u/ss 500, 501, 504 - Petitioner did not transmit any derogatory messages via social media pertaining to deceased - Absent any substantiation of petitioner's involvement in disseminating derogatory or insulting communications regarding deceased, foundation for these allegations is significantly weakened - Absence of..........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Act of company creating/establishing shell companies and circulating monetary transactions through these companies itself was an indicator of an intention of deceit - High Court committed error by quashing proceedings on the premise that there were..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506(2), 114 -- Cruelty - Allegations against girlfriend of husband - Petitioner has no relationship with husband except she being his girl friend - She cannot be permitted to face rigmarole of trial - Proceedings qua petitioner quashed...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegations against relatives of husband - Supreme Court in Geeta Mehrotra & Anr. vs. State of Uttar Pradesh & Anr. 2013(1) Criminal Court Cases 031 (S.C.) and Dara Lakshmi Narayana & Ors. vs. State of Telangana & Anr. 2024 INSC 953 : 2024(12) SCR 559, has deprecated practice of..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegations against relatives of husband - Omnibus and general allegations levelled against appellants - Appellants and complainant are residing separately - There is no specific date as to when appellants visited place where complainant is residing and joined accused Nos.1 to 3..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Mere allegation that an act was done on behalf of another, without any concrete material to establish a prior meeting of minds or common design, cannot suffice to sustain a charge u/s 120-B IPC - Law demands a higher threshold of proof to establish existence of a criminal conspiracy...........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 19 -- Criminal conspiracy - Denial of sanction for prosecution u/s 19 of P.C Act - Public servant in respect of whom sanction to prosecute has not been granted u/s 19 of P.C Act and who is, therefore, not charged with any substantive offence under the said Act, cannot be proceeded against..........
