Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Quashing of FIR - Prima facie ingredients of offence u/s 354 IPC are not met keeping in view the contents of FIR, statement in the final report of I.O. and statement u/s 164 Cr.P.C of complainant - Record is silent with respect to use of any force, apart from bald assertions of mental and physical discomfort..........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - Mere statement without intention would not attract the offence u/s 506 IPC...........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - Quashing of FIR - FIR, interim investigation report and charge sheet do not disclose any offence having been committed by appellant - FIR quashed...........
Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 420, 406, 323, 504, 120B -- Quashing of FIR - Cheating - No specific allegation made against appellant except some vague allegations - Complaint of committing default in payment of an amount of Rs.9 Crores was not made against appellant or against the company in which he was project manager, whereas..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Cruelty is not enough to constitute the offence u/s 498-A IPC - It must be done with the intention to cause grave injury or drive the victim to commit suicide or inflict grave injury to herself...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against family members of husband - Mere omnibus statement has been made that physical and mental cruelty was afflicted because wife could not provide a male child - Furthermore, it is merely mentioned that appellants would instigate husband to harass wife, but again, no specific or precise instances are..........
Indian Penal Code, 1860, Section 312, 313 -- Offence u/ss 312, 313 IPC - Allegation that complainant was given poisonous food by appellants herein and was coerced into consuming the same - However, it is mentioned in the FIR that complainant used to live in a separate house due to alleged harassment by appellants and their son - There is not even a whisper in FIR about..........
Indian Penal Code, 1860, Section 420, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Settlement before DRT - Quashing of proceedings - Consent terms were submitted by parties before DRT - Bank had suffered losses to the tune of Rs 6.13 Crores approximately - Hence, a substantial injury was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Setting aside order - Murder - Specific averments in FIR against all accused persons including respondents that all of them had set deceased on fire with an intention to kill him - High Court has erred in granting relief in a cryptic and mechanical manner without..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Offending vehicle was at such a high speed that vehicle of deceased was dragged for about 15 feet and was not just an incidental collusion - Conduct of petitioner was rash and negligent one - Petitioner had failed to give a reasonable explanation when incriminating material was brought to his notice..........