Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 498A -- Bail - Abetment of suicide - Extra martial affair of husband was disclosed to wife on the first day of marriage - Discovering infidelity shortly after marriage can have profound and devastating effects on the mental and emotional well being of deceased/wife - Deceased had committed..........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Brother and father of deceased stated that she had not disclosed about any ill treatment being given by accused persons to them but disclosed the same to her mother - Deceased was suffering from epilepsy and after marriage accused providing treatment to her - No evidence on record which..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mental cruelty can vary depending upon respective matrimonial cases - So it is impossible to have a uniform standard to decide `mental cruelty' in different cases as facts and circumstances are not same...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No evidence to prove that husband married for the second time - Wife herself admitted that though she had filed a complaint regarding her husband's alleged second marriage but she has withdrawn it long back - There is thus, no materials on record to prima facie prove that husband has allegedly married again - Mother of..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - No marks of injury or previous torture or cruelty soon before death has been found on person of deceased by Doctor who conducted post mortem - Even there is no evidence that deceased was subjected to cruelty for demand of dowry or for any other reason - Accused had not intentionally aided..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Complaint filed by second wife against husband and her in-laws is not maintainable...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No document produced to demonstrate that accused and complainant are married - Complainant is already married to one `J' and has a child born from said wedlock - Objections of complainant does not narrate that she has secured a decree of divorce from her earlier husband - Merely because accused has sent some money some..........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of FIR - Specific overt acts are alleged against all the accused - Investigation is yet to be completed by police - Defence of accused thus, cannot be considered in present petition for quashing..........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Statement of wife in her complaint is in total contradiction to her statements recorded u/s 164 Cr.P.C - Wife stated in her statement u/s 164 Cr.P.C that she never resided with accused/in-laws and thus question of being inflicted with cruelty as defined in S.498-A IPC does not arise - Ingredients required to constitute..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within seven years of her marriage in her matrimonial house on account of ante mortem burn injuries - However, there is no allegation in the FIR regarding demand of dowry - There is no evidence regarding any physical and mental torture of deceased -..........
