Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Dispute regarding sale of shop in question - Shop in question was in proprietary ownership of father-in-law of complainant - Mother-in-law of complainant sold the property after death of her husband to petitioner through a registered sale deed after..........
Indian Penal Code, 1860, Section 383, 385, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 383, 385, 506 IPC - Quashing of FIR - Allegations pertain only to a threat with no delivery of money or property by complainant to petitioner - No offence of extortion is made out - It is an attempt to commit an offence of extortion without rebutting or assessing..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Quarrels between husband and wife or demand of divorce by husband or his relatives do not amount to cruelty within the meaning of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A, 420, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Cheating - Quashing of FIR - Allegation against maternal uncle of husband - All allegations primarily levelled against husband and his parents - Petitioner arrayed as accused only because he was nominated by other accused persons for handing over jewellery/articles of wife,..........
Indian Penal Code, 1860, Section 304A, 337, 338 -- Rash and negligent driving - Petitioner drove the van rashly and negligently and caused death of deceased and grievous and simple injuries to witnesses - There are no material irregularities in conducting trial - Prosecution proved its case beyond reasonable doubt - Conviction upheld...........
Indian Penal Code, 1860, Section 304A, 337, 338 -- Rash and negligent driving - Reduction of sentence - Accident occurred in 2004 - Petitioner suffered imprisonment for a period of 14 days - He is more than 60 years of age and suffering from cancer and has been undergoing Chemotherapy treatment - Sentence reduced to period already undergone by accused...........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 8 -- Murder of two children by father - Motive - Accused used to harass his wife both physically and mentally by suspecting her fidelity and by proclaiming that deceased were not born to him - Evidence of PWs 5 to 7 clinchingly establish motive of accused to kill both children - Motive proved -..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 106 -- Murder of two children by father - Deceased met with homicidal death in the house of accused, it is thus for accused to explain as to how they met with homicidal death in his house as per S.106 of Evidence Act - However, accused failed to explain such facts - Presence of accused at the relevant..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Collusion between lorry and two wheeler - Death of driver of two wheeler - Petitioner/driver of lorry dashed two wheeler driven by deceased from behind - Crushing of skull, lacerations extended up to brain and other injuries would confirm that lorry was driven in a rash and negligent manner with..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 506, 120B -- Cancellation of bail - Cheating - Opposite party No.2/accused has been absconding and is not cooperating with investigation - Court below while granting bail to accused has totally ignored FSL report regarding fake, forged and fabricated agreement - Charges..........
