Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 419, 420, 465, 468, 471 -- Decree of divorce by mutual consent obtained by producing a lady other than wife - Anticipatory bail application by father in law of complainant - He is retired government servant and living separately from his son - Neither FIR reveals direct allegations against..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual act - Prosecutrix caught in toilet by her maternal uncle in totally nude compromising position with accused - No injuries were found on body of prosecutrix - No signs of fresh sexual intercourse were noticed on genitals of prosecutrix - Matter was reported only because act was discovered - Evidence on record shows..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Prosecution projected case to be of `honour killing' by accused - However, there is no evidence on record that deceased eloped and married without parents consent - PW1 not supported prosecution case - Blood stained clothes though recovered but neither knife nor blood stained clothes were produced..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of parties - After filing petition for divorce by mutual consent, parties developed an understanding whereafter husband remained absent from proceedings, coupled with the fact that wife never made any complaint to police or to elderly members of society regarding commission of..........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Withdrawal from prosecution - Cheating - Forgery - Tampering of mark sheet - Alleged forged mark sheet not recovered by prosecution - Even respondent no.2 in whose favour alleged mark sheet is forged had not taken any..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into a settlement and filed a joint memo along with applications for converting petition for divorce into divorce by mutual consent - Divorce by mutual consent granted with other reliefs as per settlement arrived at between the parties...........
Indian Penal Code, 1860, Section 363, 323, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Kidnapping and sexual assault on 5 years old girl - PWs proved that accused kidnapped the victim out of lawful custody of her parents without their consent - No explanation has come on record by accused in this regard - Testimony of brother of victim/PW4 who was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Mentioning of FIR number, Provision of law, at the top of consent memo and dissent memo - At this stage IO never new that accused was possessing any contraband or if so, which contraband, he was possessing - Mentioning of FIR number, offence etc. fortifies the contention of accused that these..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 4 -- Restoration of suit dismissed as withdrawn without consent of plaintiff - Suit withdrawn when it was fixed for final arguments - Restoration application also dismissed - Court below while dismissing restoration application proceeded on technicalities instead of appreciating substantial aspect of the matter -..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Conviction - Compromise - Parties arrived at a settlement by which both parties agreed to get divorce by mutual consent - Joint petition for divorce by mutual consent filed in which they have made their respective statements - Criminal proceedings quashed...........
