Indian Penal Code, 1860, Section 498A -- Cruelty - Live in relationship - Accused acquitted as parties had not undergone some sort of ceremonies with the object of getting married and they just started living as man and wife...........
Criminal Procedure Code, 1973, Section 156, 190, Indian Penal Code, 1860, Section 498A, 406, 354, 506, 34 -- Application u/s 156(3) Cr.P.C. for offence u/s 498-A, 406, 354, 506, 34 IPC - Magistrate taking cognizance and adjourning case for pre-summoning evidence instead of issuing direction to police to register FIR - Ground for such order as : (a) Allegation of cruelty..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of summoning order - Cruelty - Dowry demand - Contention raised by applicants relate to disputed question of fact - Court has to eschew itself from embarking upon roving enquiry into last details of case - Perusal of complaint..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - No arrest normally be effected till report of Family Welfare Committee, to be appointed in every district, is received - This direction will not apply to offences involving tangible physical injuries or death. (Para 19 (i)(a)(g)(k)(viii). (ii) Indian Penal Code, 1860, S.498-A - Offence u/s 498-A IPC -..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Complaints u/s 498-A IPC may be investigated only by a designated Investigating Officer of the area - Such designations may be made within one month from the date of the judgment in the instant case - Such designated officer may be required to undergo training - This direction will not apply to offences..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Settlement/compromise - In cases where settlement is reached, it will be open to District and Sessions Judge or any other senior Judicial officer nominated by him in the district to dispose of the proceedings including closing of criminal case if dispute primarily relates to matrimonial discord - This..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A - Bail - Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected - In bail matters, individual roles, prima facie truth of allegations, requirement of further arrest/custody and interest of justice must be..........
Indian Penal Code, 1860, Section 498A -- Clubbing of cases arising out of matrimonial disputes - It will be open to District Judge or a designated senior judicial officer nominated by District Judge to club all connected cases between parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted - This..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Exemption from personal appearance - Personal appearance of all family members and particularly outstation members may not be required and trial Court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of trial - This direction..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Over implication of family members of husband - Omnibus allegations against all relatives of husband cannot be taken at face value when in normal course it may only be husband or at best his parents who may be accused of demanding dowry or causing cruelty - To check over implication, clear supporting material..........
