Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - False implication of relatives of husband in matrimonial disputes basing on general and omnibus allegations, if left unchecked would result in misuse of process of law - Proceedings against..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - Main allegations against husband - Family members of husband who are mother and sister in law appear to have been implicated by way of general and omnibus allegations - No specific and distinct..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Reduction of sentence - Deceased committed suicide by hanging - There was no injury marks on the body of deceased - Sentence of life as awarded by trial Court is very harsh - Sentence reduced to period of 10 years u/s 304-B IPC and since sentence u/s 498-A IPC..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law - Presence of mother-in-law of deceased has not been proved - There is no reason to believe that mother-in-law was a party to incident as per oral testimony of PW1 to PW3 - No overt act of mother-in-law even in oral dying declaration - Investigation of investigating..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against husband - Accused has been in jail for more than 13 years - Act of accused was not such which cannot be substituted by giving a lessor sentence than life imprisonment - Period of 13 years which accused spent in jail is enough punishment - Accused punished for 12 years incarceration..........
Indian Penal Code, 1860, Section 498A, 323, 506, 406, 342, 313, 351, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Wife alleged various kinds of cruelties which had led her to various illnesses - She also alleged that there was a miscarriage which had resulted because of fact that husband had pushed her - Wife was being deprived of her financial..........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Compromise - Quashing of proceedings - Matrimonial dispute between husband and wife should be quashed when parties resolve their entire dispute amongst themselves through compromise duly filed and verified by Court -..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - In some circumstances, evidence of deceased wife with respect to cruelty could be admissible in a trial for a charge u/s 498-A IPC, even if accused stands acquitted of charge relating to death of deceased - There are certain necessary pre-conditons that must be met before the evidence is..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Deceased was harassed is clear from evidence of her mother/PW3 - PW3 stated that deceased allegedly attempted suicide for first time by consuming poison as a result of harassment caused by accused - However, matter was settled between parties - However, even after settlement, accused had continued to ill-treat deceased -..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Prosecution examined two witnesses, but they not supported case of prosecution and were declared hostile - Solitary statement of PW4/brother of deceased is vague, lacks particulars and support from any other evidence and is not sufficient to prove ingredients necessary to constitute offence of..........
