Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511, 306, 498A, 406, 120B -- Anticipatory bail - Attempt to rape of daughter-in-law by father-in-law - Specific allegations levelled against accused by name which are quite grave and serious in nature - Young woman having lost her husband would not blame her father-in-law without any..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of charge sheet - Cruelty - Demand of dowry - Parties have moved on in life and got married subsequent to decree of divorce - No useful purpose would be served in pursuing criminal prosecution any further - In terms of agreement..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - Allegation against Jeth and Jethani of deceased - No reliable evidence on record that petitioners are living separately from deceased or they had not take part in demand of dowry or consequent torture to deceased -..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - Allegation against sister-in-law and brother-in-law - Prima facie case against accused is made out as per complaint, summoning order and also other material on record - It cannot be said that no case is made out..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burn injuries i.e. in unnatural circumstances, within two years of marriage - Death in matrimonial house - Demand of motor cycle established - However, complete lack of evidence of harassment or torture for non fulfillment of demand of motor cycle - One of the important ingredients to prove..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Dispute between parties is matrimonial dispute - Parties entered into compromise - Compromise has been duly verified in proceedings before Family Court - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 41A, 41(1)(b)(ii) -- Offence u/s 498-A IPC - There is to be no automatic arrest - Police Officers to satisfy themselves about the necessity for arrest under the parameters flowing from S.41-A Cr.P.C. - Police Officers to forward the check list, to be provided to them, duly filled and furnish the..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Reduction of sentence - Deceased died unnatural death due to strangulation - Most of witnesses have not supported prosecution case - Conviction passed on basis of autopsy report and that incident occurred on spur of moment which was not intentional - Sentence of accused..........
Indian Penal Code, 1860, Section 498A, 494, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Offence u/ss 498-A, 494, 323, 504, 506 IPC, Ss.3, 4 of Dowry Prohibition Act and Ss.3, 4 of Muslim Women Act - Settlement - Quashing of complaint - Parties have undertaken not to indulge in any..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Deceased died unnatural death within 3-1/2 years of her marriage - Motive of offence is non-fufilment of demand of dowry - Accused is in jail since 2006 and has served out about 14 years and 4 months of sentence (without remission) - There is no special and rare feature attracting..........
