Indian Penal Code, 1860, Section 307, 294, 34 -- Offence u/ss 307, 294, 34 IPC - Compromise - Offences are non compoundable - Serious allegations against accused - Criminal proceedings u/ss 307, 294, 34 IPC cannot be quashed solely on the ground that complainant and accused have settled the dispute...........
Criminal Procedure Code, 1973, Section 202, 204, Indian Penal Code, 1860, Section 498A, 294, 323 -- Summoning of accused - Cruelty - Dowry demand - It is discretion of Court whether to act upon report u/s 156(3) Cr.P.C, received from police and proceed to enquire into matter and recording of evidence u/s 202 Cr.P.C - If Magistrate is not satisfied with report, he can..........
Indian Penal Code, 1860, Section 353, 504, 294, 34 -- Offence u/ss 353, 504, 294, 34 IPC - Reduction of sentence - Incident in question is quite old and seems to have occurred at the spur of moment - Accused already undergone one month's jail sentence out of three months awarded to him - He has no criminal antecedent in his past life and not required in any other criminal..........
Indian Penal Code, 1860, Section 325, 341, 323, 294, 448, 506, 354 -- Offence u/ss 325, 341, 323, 294, 448, 506, 354 IPC - Order taking cognizance - No prima facie evidence on record to show that A-1 voluntarily caused any grievous hurt to complainant as designated u/s 320 IPC - Basic ingredients of S.325 IPC thus, not attracted - However, there is prima facie material on..........
Indian Penal Code, 1860, Section 498A, 406, 294(b), 323, 506(i) -- Offence u/ss 498-A, 406, 294(b), 323, 506(i) IPC - Quashing of FIR - There is no whisper about demand of any dowry or valuable security in complaint - Petitioner and complainant were living together only for about 4 months - Most of allegations in complaint pertains to certain averments that took place..........
Indian Penal Code, 1860, Section 294 -- Obscene words - Mens rea is essential part and if any word is uttered unintentionally it cannot be said that there is intention to commit any criminal act...........
Indian Penal Code, 1860, Section 294 -- Obscene words - Words which are common in nature and words of common colloquial are not obscene words - Only words related to sex or moral are obscene words...........
Indian Penal Code, 1860, Section 294 -- Obscene words - Words used by accused cannot be termed as obscene words, because same is used frequently and unintentionally...........
Indian Penal Code, 1860, Section 294, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 294 IPC - Use of abusive words - Petitioner no.1 abused complainant by using obscene language publicly - Even though there are some discrepancies in the statements of witnesses relating to actual abusive words hurled at complainant but prima facie case u/s 294 IPC is made out..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 294, 34 -- Quashing of FIR - Cheating - Criminal breach of trust - FIR of case prima facie discloses commission of cognizable offences by accused - It cannot be said that dispute in question is of purely civil in nature - Investigation of case is at initial stage - Court is thus,..........