Indian Penal Code, 1860, Section 498A -- Cruelty to wife - Mother-i, law alleged to have taunted deceased for bringing clothes of inferior quality at the time of marriage - Held, these are casual unintentional wears and tears of family affairs prevalent in our society - Every such so-called harassment simpliciter does not amount to cruelty...........
Indian Penal Code, 1860, Section 498A -- Cruelty to wife - Accused (husband of deceased) alleged to have demanded Rs.50,000/- from brother of deceased (not from deceased) to purchase a tractor - Held, mere demand would not constitute legally required cruelty against deceased within meaning of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of charge-sheet - Applicants not relatives of husband of complainant - In FIR, no allegation of harassment was levelled against applicants - Held, submission of charge-sheet against applicants in respect of offence u/s.498-A IPC was misconceived and was a deliberate..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Misappropriation of dowry articles - Cruelty - Anticipatory bail cannot be refused merely on the ground that some of dowry articles were not recovered - Proceedings u/ss 406 & 498-A IPC are not meant for recovery of dowry articles - Complainant if so chooses can..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Relatives of husband - Not to be benefitted in any manner from the alleged demand as they were residing separately - Held, it would not be safe to convict relatives of husband in the absence of any acceptable evidence of specific role, overt-act and demand of dowry, soon before the death of the deceased -..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Contradictions in evidence as regards time and place of marriage negotiation - Wholly irrelevant - Demand of gold ornaments established - It is immaterial as to quantity of gold - No major contradiction as concerns factum of cruelty...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Dowry demand & cruelty - Criminal proceedings - Quashing - Main accused husband of deceased acquitted from charges - Continuance of criminal proceedings against remaining accused i.e. i, laws of deceased - Held, it would be abuse of process of law especially when there was bleak..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allowing the first wife to reside with second wife with newly born child - Not cruelty...........
Indian Penal Code, 1860, Section 498A - - Accused acquitted of offence u/s 306 IPC - Accused cannot be held to be guilty of wilful conduct likely to drive wife to suicide...........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 306, 498A, 304B -- Appeal against acquittal - I, laws and husband of deceased alleged to have harassed her mentally and physically as she could not bear child which led her to commit suicide - Prosecution failed to produce any evidence to prove demand of dowry or that they taunted her for not..........
