Indian Penal Code, 1860, Section 323, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 323, 498-A IPC and Ss.3/4 Dowry Prohibition Act - No justification for quashing proceedings against husband - Applicant Nos.2 to 6 are family members of husband and allegation levelled against them are wholly vague and no..........
Indian Penal Code, 1860, Section 306, 304B, 498A -- Suicide by burning - Letter written by deceased - Grave doubt as to whether letter was written by deceased or not - Conviction of appellants only on the basis of letter is unsafe...........
Indian Penal Code, 1860, Section 306, 304B, 498A -- Suicide by burning - Prosecution not able to prove beyond reasonable doubt that the appellants have subjected the deceased to any cruelty or harassment - It is difficult for Court to hold that the appellants had in any way abetted the suicide by the deceased...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482, 320 -- Parties compromised in an offence u/ss 498-A, 406 IPC - Petition for quashing of proceedings is different than a petition for compounding of non compoundable offence - S.320 Cr.P.C. does not limit or affect the powers of High Court u/s 482 Cr.P.C. - High Court can quash criminal..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 2 -- Demand of Rs.50,000/-, after six months of marriage, to purchase a computer to start business - Held, demand was not in connection with marriage and not really a `dowry demand' within the meaning of S.2 of Dowry Prohibition Act...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - General allegations of harassment - Absence of specific acts of cruelty or harassment by the appellant on the deceased - Prosecution failed to prove beyond reasonable doubt that deceased was subjected to cruelty or harassment by the accused - Conviction set aside...........
Indian Penal Code, 1860, Section 304B, 498A -- Offence u/s 304-B IPC is not committed by just demand of dowry - Offence is committed by the act of cruelty or harassment by the husband or any relative of her husband in connection with such demand - Similarly offence u/s 498-A IPC is committed if husband or his relative commits an act of cruelty within the meaning of clauses..........
Indian Penal Code, 1860, Section 304B, 498A -- Refusal to mediate to settle the dispute with regard to the dowry - No offence is committed by keeping silence and by not coming forward to settle the dispute - Unless some act of cruelty or harassment towards a woman in connection with demand of dowry are committed, no offence u/ss 304-B, 498-A IPC is committed...........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 178, 179 -- Dowry demand - Jurisdiction - Demand of additional dowry started from the date of marriage within District of Mainpuri and demand of dowry continued - Held, Court at Mainpuri have jurisdiction...........
Indian Penal Code, 1860, Section 304B, 498A -- Demand of Rs.10,000/- for repayment of loan - Demand is not in connection with the dowry - Offence u/s 304-B is not attracted - Since it is an unlawful demand for a property or valuable security and there is evidence to show that deceased was subjected to harassment by the appellant on account of her failure to meet the demand..........