Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 323, 406 IPC - Compromise - Quashing of proceedings : (a) Where wife has reaped the benefits of compromise and nothing more is required to be done by husband then such FIR deserves to be quashed; (b) If wife raises plea of fraud/coercion/duress etc. then same..........
Indian Penal Code, 1860, Section 494 -- Bigamy - To constitute an offence u/s 494 IPC, it is necessary that second marriage should have been celebrated with proper ceremonies and in due form...........
Indian Penal Code, 1860, Section 494 -- Bigamy - To constitute offence u/s 494 IPC second marriage should have been celebrated with proper ceremonies and in due form - `Saptapadi' ceremony is one of the essential ingredients to constitute a valid marriage - Said evidence lacking - Also there is no such averment in the complaint as well as in the statement u/s 200 and 202..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Allegation of second marriage is a bald allegation without corroborative materials - No prima facie offence is made out against accused - Criminal proceedings against accused initiated by complainant u/s 494 IPC is nothing but a malicious prosecution with an ulterior motive, which is clear abuse of process of Court -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation against wife are non-specific and only based on the proceedings initiated by wife against husband u/ss 498-A, 494 IPC - Dispute between parties in proceedings u/s 498-A IPC is settled based on compromise and proceedings u/s 494 IPC is stayed - It cannot be said that false..........
Indian Penal Code, 1860, Section 394, 397, Evidence Act, 1872, Section 27 -- Offence u/ss 394, 397 IPC - Recovery of ornaments at the instance of accused - Investigating Officer did not narrate the exact words spoken by accused at the time of making disclosure statement - He also did not state that accused led him to place where articles were hidden and rather stated that..........
Indian Penal Code, 1860, Section 394, 397, Evidence Act, 1872, Section 27 -- Offence u/ss 394, 397 IPC - Recovery of ornaments at the instance of accused - No evidence that recovered articles were sealed at the time of recovery or that they were kept secure in the Malkhana of police station till the same were subjected to identification before Executive Magistrate -..........
Indian Penal Code, 1860, Section 379B, 411 -- Offence u/ss 379-B, 411 IPC - Reduction of sentence - Accused has already faced agony of protracted trial since 2019 - He is the sole bread winner of his family and has to look after his old aged parents - Moreover, accused has already undergone actual sentence for a period of 4 years 6 months and 20 days out of total..........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
