Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of proceedings - Petitioner an advocate by profession, representing case of husband in a case of divorce - Petitioner living separately from family members of husband and not directly related to them..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 498-A IPC and u/ss 3 & 4 of Dowry prohibition Act - Compromise - Parties entered into compromise and settled their disputes amicably through process of mediation which is not challenged - For bringing peace..........
Indian Penal Code, 1860, Section 498A, 306, Criminal Procedure Code, 1973, Section 31 - - Cruelty - Abetment of suicide - Concurrent sentence - Accused convicted u/s 498-A IPC and sentenced to 2 years and u/s 306 IPC for 7 years R.I - Considering facts of case sentences to run concurrently...........
Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 313 -- Murder - Examination of accused - High Court committed error by setting aside Trial Court judgment of conviction and remanded the matter back for retrial decision afresh on the ground of defective examination of accused u/s 313 Cr.P.C - However, accused did not raise any question..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Criminal Procedure Code, 1973, Section 439 - - Murder - Dowry death - Deceased committed suicide and a suicide note was found near the body of deceased - In the suicide note there was no allegations of maltreatment on account of demand of dowry at the hands of husband of deceased and rather deceased appreciated the conduct..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Offence u/s 498-A IPC and offence under Dowry Prohibition Act - Offence not compoundable - However, where parties are settling their matrimonial dispute, compounding of offence can be allowed...........
Indian Penal Code, 1860, Section 498A, 323, 504, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Specific allegations of cruelty and harassment on account of not bringing sufficient dowry against husband and uncle (mausa) of victim - Accused uncle performed Kanyadan, it cannot be said that prima facie he had no role to play in the alleged..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Quashing of conviction - Appellant convicted and sentenced to 6 months RI u/s.498-A IPC and S.4 of Dowry Prohibition Act - Parties entered into compromise - Held, even though parties have arrived at a compromise, order of conviction cannot be quashed..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Non-compoundable offence - Quashing of proceedings - Permissibility - Held, no, compoundable offences cannot be compounded by Court - While considering request for compounding of offences Court has to strictly follow the mandate of S.320 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 41 -- Offence u/s 498-A IPC or u/s 4 Dowry Prohibition Act or an offence punishable with imprisonment for a term which may be less than seven years or which may extend to sever years, whether with or without fine - Accused not to be arrested unnecessarily..........
