Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the stage of quashing, Court is not required to conduct a mini trial - Court has to only consider whether any sufficient material is available to proceed against accused or not - If sufficient material is available, power u/s 482 Cr.P.C. should not be exercised...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Prima facie allegations of harassment and demand of dowry are made out - However, despite that High Court quashed FIR against respondents primarily on the ground that earlier two complaints that were filed by appellant did..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 239 -- Cheating and breach of trust - Appellant was minor at the time of alleged transaction between informant and accused No.1 - Allegation against appellant is that he had purchased the plot in question from A-1 in the year 2022 - However, appellant was minor when transaction took place..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW5 for further cross-examination - PW5 is a material witness and credibility of testimony of PW5 is going to have far reaching effect on outcome of case - Since at the time of cross-examination due to inadvertence or otherwise accused could not cross-examine PW5 qua some relevant aspect, in order to dispense justice..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Elaborate defences and evidence brought on record is not to be considered at stage of deciding application u/s 482 Cr.P.C. - Mechanical approach cannot be countenanced...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Wife filed the complaint after grant of divorce, a month later - Application filed as a counter blast to fact that husband has two orders in his favour, one by Courts in Austria ordering wife to bring child back to Australia and other, by Courts in..........
Indian Penal Code, 1860, Section 420, 406, 395, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute pertaining to sale of motor vehicle by complainant to appellants and non-payment of remainder amount - Dispute is of civil in nature - Continuation of a dispute pertaining to payment of money and handing over of possession of motor vehicle, would be an..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized money - Money in question was recovered as part of investigation in which exchange of money is subject matter of controversy - Appropriate ownership of sum of money can only be determined after consideration of all evidence and having taken into account the claims and views of all other persons that accused..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Father pleaded that he is an unemployed person having no source of income, therefore he is unable to pay maintenance to daughter who is living with her maternal grandfather - Sub Divisional Officer (Revenue) and SHO concerned directed to visit house of father and submit a report about number of family..........
Criminal Procedure Code, 1973, Section 205 -- (Corresponding to Bharatiya Nagarik Suraksha Sanhita, 2023, S.228) - Senior citizens - Exemption from personal appearance - Physical appearance dispensed with, unless specially required by trial Court...........
