Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 323 -- Quashing of proceedings - Offence u/ss 498-A, 406, 323 - Court under exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to analyze factual evidence, which is a subject of trial Court - Since complaint discloses offence in question, application for quashing rejected...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Complaint u/s 498-A IPC - Jurisdiction - 2019(2) Apex Court Judgments 344 (S.C.) : 2019(2) Criminal Court Cases 578 (S.C.) followed, wherein held : Courts at the place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by..........
Indian Penal Code, 1860, Section 498A, 506(ii), 406, Dowry Prohibition Act, 1961, Section 4, 6(b), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Dowry demand - Relatives of husband - No specific allegations against them - They residing at a different address - At no point of time they had been in a joint family wherein the de facto..........
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 - Cruelty - Mediator of settling the marriage - On the request of complainant side he got himself involved to ask accused not to demand additional dowry or to harass the deceased - Not alleged in..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 406, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Matrimonial dispute - Compromise arrived at between parties - Chance of ultimate conviction is bleak - No useful purpose is likely to be served by allowing a criminal prosecution against..........
Indian Penal Code, 1860, Section 498A, 406, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of two FIRs - Settlement - Offence u/ss 498-A, 406, 506, 509, 34 IPC - Matrimonial dispute - Wherein matrimonial relation is brought to an end by mutual consent and parties are eager to move on with their respective lives seeking closure and if there is nothing..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 439 -- Bail - Dowry death - Cruelty - Two dying declarations - Death by burning - First dying declaration given immediately after the incident after certificate of fitness given to deceased goes to show that burn injuries sustained by deceased are due to an..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Offence u/s 498-A IPC - Jurisdiction - Place where wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 468, 482 -- Cruelty - Limitation - Quashing of complaint - Complaint u/ss 498-A, 420, 406, 324, 506 IPC - Wife filed complaint against husband after delay of 8 years - Bar u/s 468 Cr.P.C not applies to offence u/s 498-A IPC, as it is in the nature of continuing offence - Even..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction - Wife claiming to have been harassed by husband not only in India but also abroad - Though no part of cause of action arose in city of Bengaluru, however, complaint filed u/s 498-A IPC a liberal approach requires to be adopted -..........
