Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of order taking cognizance - Wife received e-mail containing husband's pronouncement of Talak - However, legality of talak is to be examined by competent authority or the Court - Merely due to this fact husband cannot be exonerated from the alleged offence..........
Indian Penal Code, 1860, Section 498A, 323, 294, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegations against applicants are specific and clear - Real daughter-in-law of applicant No.5 who is sister of applicant No.3/mother-in-law also filed FIR against her - Applicants Nos.3 and 5 who are real sisters are..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Relatives - Normally, it can be taken to include, father, mother, husband or wife, son, daughter, brother, sister, nephew, niece, grandson or granddaughter of any individual or the spouse of any person - To put it shortly, it includes a person related by blood, marriage or adoption...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Relatives - When allegations are raised against a person who is not falling in the categories of father, mother, husband or wife, son, daughter, brother, sister, nephew, niece, grandson or granddaughter, then Court concerned owes an irrecusable duty to see whether such implication is over implication and/or whether..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - When relatives are not residing in the same house where the alleged victim resides, Courts shall not stop consideration by merely looking into the question whether accused is a person falling within the ambit of expression `relative' for the purpose of S.498-A IPC, but should also..........
Indian Penal Code, 1860, Section 498A, 406 -- Cruelty - Allegations against relatives of husband - General and omnibus allegations made against A-5 and A-6 - They are nothing but exaggerated versions invariably suggesting over implication of A-5 and A-6 - Moreover, both A-5 and A-6 were residing in another city - There is lack of specific allegations against accused..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Quashing - Courts to consider the contentions that there is lack of specific allegations against accused concerned to constitute the offence(s) against a relative or that the implication was nothing but an over implication to pressurise the family of husband to..........
Indian Penal Code, 1860, Section 494, 498A, 406, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Second marriage during subsistence of first marriage - Offence of second marriage is applicable in respect of husband and not against second wife - Rest of the offences are also not applicable in respect of second wife - Ingredients of offence u/s 506 IPC are also not present..........
Indian Penal Code, 1860, Section 354(A), 354(B), 376, 323, 506, 34, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 354(A), 354(B), 376, 323, 506, 34, 498-A IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - There was delay of at least four months in lodging FIR - Apart from the verbal allegations, there is nothing on record to connect petitioners with the..........
Indian Penal Code, 1860, Section 498A, 34 -- Appellant husband of one of the sisters-in-law of deceased - Except general, vague allegation, no specific accusation was raised against appellant - None of prosecution witnesses had specifically deposed against appellant of his having committed any cruelty which will attract the offence u/s 498-A IPC - Being husband of one of..........
