Indian Penal Code, 1860, Section 376, 377, 498A, 354, 506(2), 420, 406, 34 -- Rape and cheating - Quashing of FIR - Allegations against petitioner are baseless and without any substance - Allegations in FIR and final report, even if taken at their face value, do not prima facie constitute any offence or make out a case against petitioner - FIR against petitioner quashed...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 498A -- Summoning of additional accused - Abetment of suicide - Cruelty - Accused implicated first time in statement of informant before trial Court - Story set up by witnesses during their testimony before trial Court has come up for the first time which is against the allegations of FIR and..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Investigation of case is still pending - It is not proper for Court to look into material brought by accused as acceptability or veracity of such documents is a matter of trial - Whether offences are made out is a matter of trial - No ground for quashing FIR at this stage made out - Petition for quashing..........
Indian Penal Code, 1860, Section 498A, 323, 524, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Distant relatives - Living at separate residence - Mental cruelty can be inflicted even by communication i.e. telephone etc. - Sufficient material on record which is indicative of inflicting mental cruelty..........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Second marriage during subsistence of first marriage - Wife lodged FIR that she learnt about performance of second marriage by husband from somebody else which is in the nature of hearsay evidence - Same has now turned prima facie into piece of evidence with recording of statement..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings u/s 498-A IPC - Proceedings cannot be quashed merely on the ground that Family Court in a proceeding u/s 125 Cr.P.C. has held that informant is not the wife of accused when FIR and statement of witnesses disclose about marriage which need to be established during..........
Indian Penal Code, 1860, Section 498A, 323, 604, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Allegations made in FIR and collection of evidence is not sufficient even at prima facie stage to attract ingredients of offence punishable u/s 498-A IPC - As regarding other offences, unless those other offences are shown which would amount..........
Indian Penal Code, 1860, Section 498A, 323, 504, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Matrimonial dispute - When matter has been settled by both the spouses and relatives, possibility of conviction is remote and bleak and notwithstanding the fact that offence u/s 498-A IPC is a non-compoundable offence, there should be no..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 354, 377, 34 -- Quashing of FIR - Compromise - Matrimonial dispute - No useful purpose will be served in continuing with the proceedings - FIR and proceedings emanating therefrom quashed...........
Indian Penal Code, 1860, Section 498A, 406 -- Cruelty - Quashing of FIR - Wife had not mentioned the date on which she was thrown out from matrimonial home in FIR - Wife was not present in divorce proceedings and ex parte decree was passed against her - FIR filed only to harass and humiliate husband - FIR filed by wife is not bona fide - FIR quashed...........
