Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 504, 506 -- Withdrawal of complaint - Warrant case - Not permissible - Magistrate can discharge accused u/s 245(1) Cr.P.C. if upon taking evidence referred to in S.244 Cr.P.C. finds that no case against accused is made out...........
Protection of Women From Domestic Violence Act, 2005, Section 27, 12, 17, 18, 19, 20, 22, 23, Indian Penal Code, 1860, Section 498A, 406, 34 -- Territorial jurisdiction - Complaint u/ss 27, 12, 17, 18 to 20, 22 & 23 of PWDV Act and FIR u/ss 498-A, 406, 34 IPC - Quashing of complaint and FIR - Complainant is the aggrieved person who is resident of Delhi, where..........
Indian Penal Code, 1860, Section 499 -- Defamation - Defamatory speech made against general community of lawyers and not against an identifiable or determinate class of individuals - By merely stating that such lawyers form a collection of persons or forms a determinate group of lawyers, it cannot be said that they form a collection of persons within meaning of S.499..........
Indian Penal Code, 1860, Section 498A -- Cruelty - In order to attract S.498-A IPC, there must be cruelty, mental as well as physical, so as to cause grave injury or danger to life, limb or health and there must be harassment with view to coerce her to meet any unlawful demand for any property or valuable security or on account of failure by her or any person related to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - In order to attract S.498-A IPC, there must be evidence to prove that deceased was subjected to mental as well as physical cruelties by demanding dowry...........
Indian Penal Code, 1860, Section 498A -- Cruelty - To attract S.498-A IPC, it must be established that cruelty or harassment to wife was to force her to cause grave bodily injury to herself or to commit suicide or harassment was to compel her to fulfil illegal demand of dowry - Thus, every type of harassment or cruelty would not attract S.498-A IPC...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Dying declaration - Relatives, sister and brother deposed that she used to tell them regarding ill-treatment, physical and mental harassment on the part of accused - However, there is no evidence in the nature as revealed from dying declaration that she was incessantly ill-treated mentally,..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Appreciation of evidence - As per evidence of PW1, there is not even a whisper that accused had ill-treated his wife or was harassing her or treating her within the meaning of S.498-A IPC - Even, nothing was brought out to prove ingredients of S.498-A IPC - There is no evidence to prove that cruelty or mental torture on..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Appreciation of evidence - Oral testimony of PWs stands corroborated by dying declaration made by deceased - Even, defence has not been able to elucidate anything in cross-examination of aforesaid witnesses to discredit testimony to the extent that deceased has not made any..........
Indian Penal Code, 1860, Section 302, 147 -- FIR - Quashing - False implication - FIR cannot be quashed on the basis of defence or possible defence which can only be taken to ascertain the correctness or otherwise of the prosecution version which is yet to come after completion of investigation - Petition dismissed...........
