Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Summoning of additional accused - Dowry death - Main allegation is against husband and father-in-law of deceased supported by dying deceleration - However, no accusation against prospective accused in dying declaration - General allegation..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Dowry demand - Parties amicably settled their dispute voluntarily, without threat, inducement and coercion - Though offence in question are non-compoundable, however, offences are of personal in nature and will not..........
Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Demand of dowry - Quashing of charge sheet - Allegation in FIR shows that a demand of dowry of Rs.5 lakhs was made by accused from complainants - There are direct allegations in FIR - Allegations prima facie constitute a commission of an offence under the Act - Charge sheet not liable..........
Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Demand of dowry - Quashing of charge sheet - Allegation in FIR shows that demand of dowry of Rs.5 lakhs was made by accused from complainants - There are direct allegations in FIR - Allegations prima facie constitute a commission of an offence under the Act - Charges not liable to be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 120B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Accusation as apparent from statement of victim is of heinous offence - Therefore, there seems to be no element or likelihood of compromise - There was poisonous substance in the..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 3, 4, 6 -- Addition of charge u/s 406 IPC and Ss.3, 4, 6 of Dowry Prohibition Act - No specific allegations with regard to entrustment of property and also misappropriation of same by A-1 to A-3 - In absence of any material both the Courts below have..........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Demand of dowry - Death occurred within 7 years of marriage of deceased - PWs admitted that at first instance they did not state before police about demand of dowry by accused and no independent witness has come forward to support prosecution's case - PWs 1 to 3 have not..........
Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 4 -- Complaint u/ss 498-A, 406, 34 IPC and S.4 of 1961 Act - Jurisdiction of Court - Appellant living in Delhi - Place of occurrence as per FIR was Meerut - Court at the place where wife resides after leaving matrimonial home has jurisdiction to entertain a complaint u/s 498-A IPC - Case..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 147, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Quashing of FIR - FIR discloses commission of a cognizable offence - No material on record that proceedings initiated by means of FIR are vexatious, frivolous or otherwise illegal - FIR cannot be quashed...........
Indian Penal Code, 1860, Section 304B, 302, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Demand of dowry - Cause of death is disputed as per medical evidence - Discrepancy in evidence of PW1 and PW2 with regard to receiving of information about death of deceased - Evidence of Medical practitioner is doubtful - Accused discharged his burden u/s 106 of Evidence..........
