Indian Penal Code, 1860, Section 498A, 406, 504, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Specific and categoric roles are attributed to each accused independently and collectively - Sole aim of accused appears to be to extort money from complainant and her parents, as even after driving her out of matrimonial home, they have..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating and criminal breach of trust - Mere non-performance of an agreement to sell by itself does not amount to cheating and breach of trust...........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere non-registration of sale or its refusal cannot amount to cheating...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Agreement to sell executed between parties - Amount paid towards consideration cannot be said to have been entrusted with accused by complainant - Merely because accused refused to register the sale, it does not amount to misappropriation of advance amount - Since there was no entrustment of property,..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - To attract the offence u/s 307 IPC, victim need not to suffer any kind of bodily injury...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Quantum of sentence - Accused as a consequence of attempt to do away the life of complainant, has caused him spine injury and resultantly he became paralyzed - Case falls under Second part of S.307 IPC - Maximum sentence as prescribed under first part of S.307 IPC is not exceeded 10 years and in second part of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - General and vague allegations were made against petitioners - Wife has given list of incidents of cruelty in FIR - However, instances are also of a nature that do not fulfill the ingredients of S.498-A IPC - In fact, some of ill-treatment as alleged are not even complainant..........
Protection of Children from Sexual Offences Act, 2012, Section 11(1), 12, Indian Penal Code, 1860, Section 509 -- Sexual harassment - Lifting of dhoti by accused to show his private part and then asking victim to measure his penis, would squarely attract S.11(1) of POCSO Act as well as S.509 IPC prima facie...........
Protection of Children from Sexual Offences Act, 2012, Section 11(1), 12, Indian Penal Code, 1860, Section 509 -- Sexual harassment - Prima facie ingredients of offences in question have been made out by prosecution - Question as to whether accused had required sexual intent is a matter of evidence and the same will be available during trial alone - Discharge application..........
