Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 376, 498A, 406 -- Bail - Grant of - Petitioner is in custody for last about 4 months - He is no longer required for purpose of investigation - Challan has already been presented in Court and conclusion of trial is likely to take time - Mother and brother of petitioner have been allowed..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Parents-i, law of complainant - Husband of complainant already released on bail - Anticipatory bail opposed on the ground that dowry articles are still to be recovered - - Anticipatory bail cannot be denied on the ground that dowry articles are still to be..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Amount of Rs.5 lacs paid by father of girl to brother of husband for starting business and the amount was paid on a condition that his other family members should not harass the girl in future - Held, said act of petitioner in taking money from father of girl for starting..........
Indian Penal Code, 1860, Section 323, 406, 498A, Criminal Procedure Code, 1973, Section 181(4) -- Cognizance of offence - Territorial jurisdiction - Wife leaving her matrimonial home and returning to her parental place - Court at the place of parental place has jurisdiction to investigate and try case...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 177 -- Jurisdiction - Demand of dowry made twice at place `K' - Held, Court at place `K' has jurisdiction to try the case...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Petitioners have already joined investigation - They are no longer required for further interrogation - There is no history of their previous involvement in any other criminal case - Since police has not submitted final police report, so, conclusion of trial..........
Indian Penal Code, 1860, Section 498A, 494, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Quashing of proceedings - Matter is purely a family dispute between husband and wife - Both husband and wife have reconciled their differences as per statement duly recorded by Magistrate - Held, fit case to quash..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Dowry demand - Cruelty - Bald allegations levelled against applicant Nos.2 to 4, who are family members of co-accused - There is no active participation of said applicants in harassing the wife-daughter of opposite party No.2 for want of dowry -..........
Indian Penal Code, 1860, Section 323, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 323, 498-A IPC and Ss.3/4 Dowry Prohibition Act - No justification for quashing proceedings against husband - Applicant Nos.2 to 6 are family members of husband and allegation levelled against them are wholly vague and no..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482, 320 -- Parties compromised in an offence u/ss 498-A, 406 IPC - Petition for quashing of proceedings is different than a petition for compounding of non compoundable offence - S.320 Cr.P.C. does not limit or affect the powers of High Court u/s 482 Cr.P.C. - High Court can quash criminal..........
