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..........
Indian Penal Code, 1860, Section 363, 366A, 346, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping and sexual assault - Victim stated that she left the house of her father on her own accord and joined the company of accused and solemnized marriage with accused on her own volition -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 452, 323, 354, 506, 509, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 452, 323, 354, 506, 509 IPC and S.25 of Arms Act - Serious allegations levelled against accused in the FIR - Accused is alleged to have trespassed into the property of complainant and threatened to..........
Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and sexual assault - Compromise - Victim solemnized marriage with accused - Though marriage between parties do not satisfy the age criterion as laid down u/s 5 of Hindu Marriage Act, but such a marriage would..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Allegation that accused after receiving the goods, did not pay the money - Proceed of crime is amounting to the tune of Rs.6,71,92,431 - Such averments would prima facie make out a case for investigation by authorities - If the allegation discloses a..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Quashing of proceedings - Applicant is not the relative of husband - Allegations against applicant are made only because husband is having extra marital affair with applicant - Charge sheet filed against applicant is illegal according to law - Offence u/s 498-A IPC not attracted - Proceedings quashed against..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 452, 506, 148, 149 -- Second anticipatory bail application - Offence u/ss 323, 324, 326, 452, 506, 148, 149 IPC - Accused is the main accused who has been attributed grievous injury, but three persons from the side of accused also sustained simple injuries - Accused has already..........