Indian Penal Code, 1860, Section 498A, 427, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Settlement - When parties genuinely settle the dispute amicably then Criminal proceedings can be quashed by exercising power under Article 142 of the Constitution of India or even u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961 -- Quashing of proceedings by High Court - Merely because wife was suffering from disease AIDS and/or divorce petition was pending, it cannot be said that allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Two dying declarations - Appellant not named in the first dying declaration - Second dying declaration alone elaborates acts of cruelty - Secondly dying declaration rejected completely by High Court - As far as recovery of articles and smell of kerosene is considered they are circumstances..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304A, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Allegation against mother-in-law - Accused is a lady of 55 years of age - Husband and two co-accused were already granted bail - If trial Court was satisfied that accused was entitled to concession..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Appeal against conviction - Wife intending to join her husband/appellant and revive their matrimonial life - There are concurrent findings of three Courts below convicting husband - No order can be passed on that count - However, punishment of accused reduced to period already undergone by accused in incarceration...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - In some circumstances, evidence of deceased wife with respect to cruelty could be admissible in a trial for a charge u/s 498-A IPC, even if accused stands acquitted of charge relating to death of deceased - There are certain necessary pre-conditons that must be met before the evidence is..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Deceased was harassed is clear from evidence of her mother/PW3 - PW3 stated that deceased allegedly attempted suicide for first time by consuming poison as a result of harassment caused by accused - However, matter was settled between parties - However, even after settlement, accused had continued to ill-treat deceased -..........
Indian Penal Code, 1860, Section 304B, 498A, 120B -- Dowry death - Cruelty - Allegation against husband - Death of deceased occurred within just about 6 months from date of marriage - Death occurred from injuries received before death as per medical evidence, cause of death was not drowning - Deceased told her parents about dowry demand and harassment during her first..........
Indian Penal Code, 1860, Section 304B, 498A, 120B -- Dowry death - Cruelty - Allegation against mother-in-law and brother-in-law - No specific role with regard to demand of dowry, nor has any specific instance of cruelty and harassment been ascribed to accused persons except for general assertion - Even, there is no specific evidence led by prosecution relating to..........
Indian Penal Code, 1860, Section 302, 498A, 201, 34 -- Murder - Deceased was strangulated first and after life was extinguished, an attempt was made to camouflage death as one which arose out of burn injuries - Evidence of PWs 1 to 3 is quite consistent, cogent and firmly establishes not only demands for dowry but dowry related harassments that deceased was subjected to -..........