Moudud Ahmed has not converted the property for his own use. The alleged agreement for sale was executed in favour of Monjur Ahmed, who is a distinct person and not a member of his family. Though the petitioner has challenged the order of taking cognizance of the offence, we noticed that the initiation of the proceeding itself is an abuse of the process of the court and no fruitful purpose will be served if we allow the criminal case to proceed with. The proceeding, is therefore, liable to be quashed. .....RAJUK =VS=Manzur Ahmed & Others, (Civil), 2016-[1 LM (AD) 1] ....View Full Judgment

In the absence of specific allegations of entrustment of the dowry amount and articles to appellants 2 to 6, in our view, continuation of the criminal proceeding against appellants 2 to 6 is not just and proper and the same is liable to be quashed. .....Bobbili Ramakrishna Raju =VS= State of Andhra Pradesh (Criminal), 2016-[1 LM (SC) 610] ....View Full Judgment

Quashment– Abetment of suicide–
Considering the facts and circumstances as revealed from the prosecution papers our considered view is that there was no direct incitement or mensrea on the part of the appellant which comes within the definition of abetment of suicide. In this case, the materials on record, prima-facie, do not disclose an offence under section 9Ka of the Ain and therefore the accused appellant ought not to be tried upon the charge.
The judgment and order of the High Court Division is set aside and the proceeding is quashed. .....Dr APM Sohrab-uz-zaman =VS=State, (Criminal), 2016-[1 LM (AD) 466] ....View Full Judgment