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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Agamani Roy, Wife Of Late Nirmal Kumar Roy – Appellant
Versus
State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. invocation of jurisdiction under section 482 crpc (Para 2 , 4) |
| 2. status of proceedings and petitions (Para 3 , 11) |
| 3. legal definition of 'respondent' under dv act (Para 12 , 13) |
| 4. essential ingredients for ipc offences (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. quashing of proceedings due to absence of offence (Para 23 , 24) |
| 6. outcome of the judicial decision (Para 25 , 26) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceedings of Complaint Case No.840 of 2021 as well as the order dated 07.04.2022 passed by the learned Judicial Magistrate, Dhanbad whereby and where under the learned Magistrate has taken cognizance of the offences punishable under Sections 406, 418, 424, 109, 120B/34 of the Indian Penal Code and under Section 31 of the Domestic Violence Act and prayer has also been made to quash the order dated 08.04.2024 passed by the learned Sessions Judge, Dhanbad whereby and where under the learned Sessions Judge, Dhanbad dismissed the Criminal Revi
Charges cannot proceed without substantiation of essential elements; mere allegations are insufficient to maintain criminal prosecution.
Dissolution of marriage eliminates any continuing legal obligations or liabilities, impacting the feasibility of criminal charges based on prior conduct.
Proceedings quashed under Section 482 Cr.P.C. as allegations failed to establish essential ingredients of Sections 323, 406, 498A IPC—no entrustment, hurt, or coercive harassment—disclosing abuse of ....
To establish an offense under Sections 406 and 420 IPC, it is essential to demonstrate entrustment and deception from the transaction's inception, respectively; lack of these elements leads to the qu....
High Court may quash criminal proceedings when no prima facie case is established, and cannot engage in fact-finding or conduct a mini trial at this stage.
To substantiate IPC offences, essential elements must be satisfied; mere allegations are insufficient to continue criminal proceedings.
A mere breach of contract does not amount to cheating under Section 420 IPC unless there is evidence of dishonest intention from the inception of the transaction.
Advance payment under oral sale agreement not entrustment for criminal breach of trust; mere failure to execute sale and selling to third party not cheating absent dishonest intention from inception.
High Court under Section 482 CrPC cannot quash proceedings where specific allegations of cruelty, dowry demands, assaults and harassment prima facie constitute offences; no evidence appreciation at t....
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