Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Quashing of conviction - Appellant convicted and sentenced to 6 months RI u/s.498-A IPC and S.4 of Dowry Prohibition Act - Parties entered into compromise - Held, even though parties have arrived at a compromise, order of conviction cannot be quashed..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Non-compoundable offence - Quashing of proceedings - Permissibility - Held, no, compoundable offences cannot be compounded by Court - While considering request for compounding of offences Court has to strictly follow the mandate of S.320 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Suicide in matrimonial home in about a year and three months of marriage - Neither victim nor her family members ever lodged any complaint against appellants for harassment or cruelty meted out to victim - Allegations are unspecific, uncertain and vague - Investigation is defective - Statements given by PWs are..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 41 -- Offence u/s 498-A IPC or u/s 4 Dowry Prohibition Act or an offence punishable with imprisonment for a term which may be less than seven years or which may extend to sever years, whether with or without fine - Accused not to be arrested unnecessarily..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Conviction - Validity - Death of bride by burning within 7 years of marriage - Statement of mother of deceased regarding demand of dowry is general and not specific - No specific incidence has been indicated suggesting cruelty or harassment made by accused - Though allegation of demand of dowry was made none of..........
Indian Penal Code, 1860, Section 406, 498A, 506, 34, Criminal Procedure Code, 1973, Section 178(b) -- Criminal breach of trust - Territorial jurisdiction - Allegations made in complaint and final report that matrimonial offences were committed while residing at Mumbai, Pune and Chennai - Property entrusted outside the place at `T' - No allegation that consequence of..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Evidence Act, 1872, Section 32 -- Dowry death - Two dying declarations - 85% burn injuries - Husband, mother-i, law and father-i, law harassing deceased for not fulfilling their demands for dowry and set her on fire after pouring kerosene oil upon her - No inconsistency between two dying declarations regarding involvement of..........
Indian Penal Code, 1860, Section 498A, 323, 504, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of complaint - Specific allegations against husband and father-i, law - Proceedings against them to continue - However, since there are no specific allegations against Jeth and dewar, as such proceedings against them quashed...........
Indian Penal Code, 1860, Section 498A, 302 -- Dowry death - Where married sister-i, law (Nanad) or Bhabhi are living separately but have been named in the commission of any matrimonial crime, onus is on prosecution to prove the presence of such accused in comparison to the person who is physically residing as part of matrimonial home, is much higher...........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Cruelty - Two dying declarations - Both the dying declarations recorded by I.O and SDM are surrounded by many suspicious circumstances - Investigation has not been conducted fairly - Victim had suffered 45% burn injuries as per MLC report and 30% burn injuries as per death summary report - Post mortem of victim was not..........
