Indian Penal Code, 1860, Section 498A, 506, 34, Indian Contract Act, 1872, Section 28 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - Parties are not Muslim by religion, therefore there cannot be any divorce by mutual consent without approaching Court - Any contract which prohibits a party from taking legal action is a void contract...........
Indian Penal Code, 1860, Section 498A, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Dowry demand - Specific allegations against accused of committing cruelty on account of non-fulfillment of demand of dowry - Even, there are specific allegations that husband of complainant and her..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Mere catching the hand could not be said that prosecution established its case u/s 354 IPC against accused...........
Indian Penal Code, 1860, Section 342, 354, 506 -- Offence u/ss 342, 354, 506 IPC - Major contradictions and discrepancies in the evidence of victim and informant in respect of commission of offence and manner of occurrence - During cross-examination, defence is able to discredit the trustworthiness of their evidence and there are major contradictions in respect of..........
Indian Penal Code, 1860, Section 494 -- Bigamy - No person other than the spouse to second marriage could have been charged for the offence punishable u/s 494 IPC simplicitor...........
Indian Penal Code, 1860, Section 494, 34 -- Bigamy - Allegation against relatives/friends - In order to bring home said charge, complainant would be required to prima facie prove not only the presence of accused persons, but the overt act or omission of accused in the second marriage ceremony and also establish that such accused were aware about the subsisting marriage of..........
Indian Penal Code, 1860, Section 494, 34 -- Bigamy - Allegation against relatives/friends - A-3 and A-4 were not even alleged to be present at the time of marriage - Hence, involvement of these accused for the charge of having a common intention to commit the offence u/s 494 IPC is not established by any iota of evidence - Proceedings qua A-3 and A-4 quashed...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Allegation against relatives/friends - A-5, A-6 and A-7 witnessed the alleged bigamous marriage - However, they have no knowledge that A-1 was already married to complainant - In absence of such allegation, prosecution of said accused persons for the charge of having a common intention to commit offence u/s 494 IPC is..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Quashing of proceedings - Dispute purely civil in nature given colour of criminal prosecution alleging fraud and criminal breach of trust by misusing the tool of criminal law - Necessary ingredients of the offences punishable u/s 406 and 420 IPC not made out against accused appellants from the admitted allegations set..........
Indian Penal Code, 1860, Section 506(ii) -- Offence u/s 506(ii) IPC - Apart from a bald allegation made by complainant that A-1 abused him and intimidated him, there is no material which can show that accused indulged in criminal intimidation of complainant so as to justify invocation of offence punishable u/s 506(ii) IPC - Proceedings quashed...........
