Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Rape - Promise of marriage - Prosecutrix claimed in FIR that sexual relations were established when they were school students - Manifestly there is no allegation in the complainant's version regarding those sexual relations having been established by use of force or..........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Entrustment of streedhan - Marriage between parties dissolved by USA Court - Husband came to India to avoid liability of maintenance as imposed by USA Court - No cogent material on record that accused while in India harassed or humiliated complainant on account of demand of dowry or treated her in such a manner..........
Criminal Procedure Code, 1973, Section 482, Electricity Act, 2003, Section 135, 138, 152 -- Quashing of FIR - Offence u/ss 135, 138 Electricity Act - As S.138 of Electricity Act can be compounded u/s 152 of Electricity Act and petitioner pursuant to the direction by this Court has deposited the amount - Moreover, it is not in dispute that impugned FIR is the first FIR..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409 -- Quashing of FIR - Misappropriation of files - Files were not entrusted to petitioner as per investigation by I.O - It is positive case of I.O that charge was not handed over to petitioner at the time of posting and files were not handed over - Petitioner therefore, not liable for..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 420, 406 -- Second FIR - Not permissible and warranted on same allegations - Second FIR quashed...........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Second FIR on same cause of action - Quashing of - Cheating - Allegation that accused forged and fabricated lease deed - Validity and genuineness of lease deed is subject matter of earlier FIR and qua same trial is pending - Second FIR qua same land on same cause..........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Offence u/ss 457, 376, 511, 354, 354-A IPC - It is apparent that trial Court has not at all examined material available on record including site-plan and variance in allegations of FIR, police statements of prosecutrix and her statements recorded u/s 164 Cr.P.C. while framing charges - Order framing..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Prosecutrix stated that she was beaten before she was raped and as a result she suffered an injury - However, said fact is belied by Doctor PW11 - Further prosecutrix stated that she reported incident to chowkidar on the same night, but such chowkidar was not produced - FIR lodged after 3 days of..........
Civil Procedure Code, 1908, Order 13, Rule 10(2), Civil Procedure Code, 1908, Order 11, Rule 12 -- Production of document - Document in question was in the possession of police authorities, having subject matter of proceedings initiated by plaintiff by filing an FIR against third party as well as defendants - Said document is relevant and necessary for the purpose of true..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Accused did not pay full sale consideration and managed to get sale deed executed and registered - Balance consideration was secured by cheques which were dishonoured and recourse to S.138 NI Act was resorted - It cannot be said that intention of accused was to cheat complainant right at the time of entering..........
