Indian Penal Code, 1860, Section 323, 34, Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360 -- Incident occurred on spur of moment and is traverse in nature - Appellants doesn't have any previous conviction - Complainant left village about 11 years back - Complainant as well as appellants are residing peacefully for last 11 years in..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376,323,504 -- Discharge of accused - Petitioner from last few years on assurance of marriage has made physical relationship with informant - Witnesses have also supported contents of FIR made by informant - Petitioner has made physical relationship for first time with informant when she was..........
Indian Penal Code, 1860, Section 376, 323, 328, Criminal Procedure Code, 1973, Section 482 -- Summoning order - Indulgence in sexual intercourse on deceitful promise of solemnizing marriage amounts to rape - No illegality or legal infirmity in the summoning order passed on basis of charge sheet...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 452, 379 -- Quashing of summoning order - Accused after gaining forcible entry into the house of complainant, assaulted her and her daughter with kicks and fits and hurled filthy caste words and snatched away her ear ring - Magistrate looked into entire allegation and scanned..........
Criminal Procedure Code, 1973, Section 420, 320, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Matrimonial dispute - Quashing of proceedings - Matter is matrimonial in nature - Parties have amicably settled the matter outside Court through compromise - Held, continuation of criminal proceedings arising out of the same..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Held, offence committed u/s 506 of IPC has been held as cognizable offence - Magistrate has rightly taken cognizance of offence as a police case - Petition dismissed...........
Indian Penal Code, 1860, Section 302, 304(Part II), 323 -- Allegations that quarrel ensued among villagers on construction of check dam or culvert - During quarrel co-accused gave Bhujali blow on deceased resulting in his death - Allegations levelled against accused that he pulled hairs of deceased and made deceased fell on ground - No sufficient material to substantiate..........
Criminal Procedure Code, 1973, Section 407, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323 IPC and Ss.3 & 4 Dowry Prohibition Act - Transfer of case - Inconvenient for all family members to attend Court - If case is transferred it will cause inconvenience to respondent No.2 - In matter of transfer of a case..........
Indian Penal Code, 1860, Section 323, 307, 302 r, w S.149 -- Accused allegedly caused death of two persons and gave injuries to other two by assaulting them with means of kulharis and lathis - Name of witness who was examined to prove origin of fight not mentioned in FIR - Statement of witnesses beset with manipulations and modulations - Independent and important witness..........
Criminal Procedure Code, 1973, Section 2(d),155(2), Indian Penal Code, 1860, Section 323,504,506 -- Offence u/ss 323, 504, 506 - Police after investigation submitted report disclosing commission of non cognizable offence - Investigating Officer shall be deemed to be complainant - Charge sheet to be treated as a complaint and procedure of complaint case to be followed -..........
