Indian Penal Code, 1860, Section 498A -- Demand for dowry in any form is itself sufficient for S.498-A IPC being attracted...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against mother-in-law - Deceased had not committed suicide on account of either demand for dowry being made or cruelty being inflicted on her as per PWs - Neighbour of appellant who was examined as DW1 has deposed that appellant had never made any demand for dowry - She also deposed that deceased had informed..........
Indian Penal Code, 1860, Section 304B, 498A -- Bail - There is prima facie disclose ingredients attracting the offence alleged - The right of the victim, especially a young woman who died while allegedly being harassed for dowry, and who was three months pregnant, must be given due regard - Her voice, now silenced forever, can only be heard through the evidence brought..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Compromise - Quashing of charge sheet - Applicant and 4 other members of his family were accused of harassing and killing deceased for dowry - Guilt of all accused persons against whom same allegations were made has been established by order of trial Court and all other accused persons have been..........
Indian Penal Code, 1860, Section 304B, 176, 201 -- Dowry death - Cause of death of deceased was not known as no postmortem was conducted - Deceased was pregnant when she expired and earlier she had a miscarriage - Prosecution miserably failed to prove unnatural death of deceased, consequently presumption against accused u/s 304-B IPC cannot be invoked - Case set up that..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - When deceased herself did not refer to demand for any dowry in her death note, which is said to have been recovered from her house soon after the incident, merely because deceased died within 1-1/2 years of her marriage, will not automatically lead to conviction of accused u/s 306 IPC - Accused..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Both husband and wife settled their dispute before Family Court by entering into a memorandum of understanding/consent terms, based on which..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Where a matrimonial relationship has been dissolved by mutual consent and parties are eager to move ahead in their respective lives, refusal..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Though Ss.498-A and 377 of IPC and 3, 4 of DP Act are non compoundable, to secure ends of justice, Court should hold that provisions u/s 320..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - If parties settle their disputes amicably in order to live peacefully, it is duty of Court to encourage such actions by quashing FIR, charge..........
