Indian Penal Code, 1860, Section 376, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - On the pretext of marriage - Quashing of FIR - Long-drawn relationship of appellant and prosecutrix including circumstance of their living together and cohabiting with each other, that too in a separate rented accommodation, would give rise to a presumption that their..........
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, 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..........
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 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Charge sheet quashed as civil wrongs made subject matter of criminal proceedings - Cost of Rs.50,000/- imposed on the State...........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Charge sheet is bereft of particulars and details required and mandated in terms of S.173(2) Cr.P.C - It merely reproduces the contents of FIR - However, FIR does not state the material and evidence available and collected during course of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Res judicata - Complainant cannot maintain a prosecution on basis of allegations which were precisely his defence in earlier proceedings wherein he was accused - Criminal proceedings quashed on this ground alone...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Matrimonial dispute - While exercising power u/s 482 Cr.P.C., Court is not required to test the correctness of allegations - But in matters arising from matrimonial disputes, particularly where the allegations are levelled after many years of marriage and that too, after one party initiates divorce..........
Indian Penal Code, 1860, Section 498A, 114, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegations against parents of husband - Quashing of proceedings - Allegations against parents of husband are only of extending taunts and of not parting with the money for managing household expenses - Specific details in respect of those taunts have not been disclosed -..........
