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..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 418, 467, 468, 197 -- Quashing of proceedings - Cheating - Appellant had no role to play in the transaction leading to FIR as he was not a signatory to sale certificate - Since appellant was neither authorized officer at the relevant time nor responsible for auction process or issuance..........
Indian Penal Code, 1860, Section 363, 366, 376, 201, 34 -- Abduction and rape - Material contradiction in the statement of prosecutrix as to the date of commission of rape - Since accused `S' was not with prosecutrix in the night of incident when she was in the house of co-accused `C' and there is no allegation of rape against co-accused `C' in whose house she stayed on..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Testimony of PWs - Cause of death is burn injuries i.e unnatural death - Incident took place within four years of marriage - However, none of PWs proved that deceased was harassed for dowry - Mother and brothers of deceased stated that economic circumstances were the..........
Criminal Procedure Code, 1973, Section 362 -- Review - High Court in its first Judgment confirmed conviction u/s 302 IPC - However, High Court in the correction application modified the first judgment and came to a finding that incident appeared to be a result of a sudden provocation and occurred in the heat of a moment and therefore converted the conviction from S.302 IPC..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Fine is not an alternative to imprisonment...........
