Indian Penal Code, 1860, Section 498A, 406, 323, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Wife developed primary infertility with premature menopause - Husband in such traumatic situation asked wife for divorce by mutual consent which amounts to mental cruelty which effected life and health of wife - Prima facie case is made out against accused -..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Allegations against mother-in-law and father-in-law - General allegations levelled against accused persons - No overt act attributed to accused - Even, no case is made out from dying declaration of deceased against accused persons - Mother-in-law and father-in-law..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Two dying declarations - Dowry death - Allegations against husband - Accused is in jail for more than 17 years - No allegations made by wife against husband in her first dying declaration - However, allegations are levelled against husband and his parents..........
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, 323, 524, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Distant relatives - Living at separate residence - Mental cruelty can be inflicted even by communication i.e. telephone etc. - Sufficient material on record which is indicative of inflicting mental cruelty..........
Stridhan property -- Return of Stridhan property given by father to deceased daughter at the time of her marriage - Murder of wife by husband - Conviction of husband u/s 302 IPC - It is S.6(3) Dowry Prohibition Act which applies - Husband is not entitled to retain dowry even if he was acquitted and dowry articles will remain with father of deceased - Order to release..........
Indian Penal Code, 1860, Section 304B, 306, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 304B, 306, 498A IPC and Ss.3, 4 Dowry Prohibition Act - Suspension of a sentence - Held, while considering an application for suspension of sentence and to release the accused on bail it will notice the gravity of the offense, and its social impact - Similarly,..........
Indian Penal Code, 1860, Section 304B, 306, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 304B, 306, 498A IPC and Ss.3, 4 Dowry Prohibition Act - Conviction - Held, a young lady, aged 23, had to commit suicide because of the continuous harassment and ill-treatment extended by her husband, on account of demand for a car of his choice and the gold..........
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..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Compromise - Cruelty - Dowry demand - Matrimonial dispute between husband and wife should be quashed when parties have resolved their entire dispute amongst themselves through compromise - Even, conviction of accused..........
