Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Bald allegation against appellants by complainant - Neither FIR nor charge-sheet furnished legal basis for Magistrate to take cognizance of offence alleged against appellants - Held, in criminal case arising..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 320, 482 -- Cruelty - Dowry demand - Quashment of proceedings - Bald allegations against appellants - No case made out against them - Held, for purpose of securing ends of justice, quashing of FIR becomes necessary - S.320 CrPC would not be a bar to exercise power of quashing...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashment of proceedings - Cruelty - Dowry demand - FIR not disclosing specific allegation against appellants in matter arising out of matrimonial bickerings - Held, it would be clear abuse of legal and judicial process to..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 386, 482 -- Quashment of proceedings - Rejected by High Court - Appeal thereagainst - Held, High Court had not properly examined the case - It appears to be a fit case for remand for fresh consideration - But Court instead of remanding the..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Complaint lodged against Husband and other family members - Quashment - Wife obtained ex-parte decree of divorce during pendency of criminal proceedings - Held, when ex parte decree of divorce obtained..........
Criminal Procedure Code, 1973, Section 155(4), 198, Indian Penal Code, 1860, Section 498A, 323, 494 -- Cognizance of no, cognizable offence - Contention on behalf of petitioners that offence u/s.494 IPC is a no, cognizable offence, cognizance of which can be taken by Magistrate only on the basis of a complaint as required u/s.198 CrPC, and that no cognizance in respect of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Quashing of proceedings - Exercise of inherent powers by High Court - Held, an offence u/s 498-A IPC is not compoundable u/s 320 of the Code - But in an appropriate case, where parties to matrimonial disputes wishes to bury the past and revive their conjugal life, High Court may come to..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Whenever father intended to lodge complaint daughter told him that her husband is improving - This fact itself suggests that deceased was not being maltreated or harassed by any of the accused on account of demand of Honda City car in dowry - The most important..........
Criminal Procedure Code, 1973, Section 177, 178, Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Maltreatment or cruelty - Jurisdiction has to be decided on the basis of place of occurrence of the incident and not on the basis of where complaint was filed...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Maltreatment or cruelty - Jurisdiction - Complainant in his application did not aver a single word that any of the accused demanded any dowry from him or from the deceased at his house situated in Aligarh - No part of alleged offence committed by any of the accused in Aligarh - Held, Court at Aligarh has no..........
