Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 120B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Accusation as apparent from statement of victim is of heinous offence - Therefore, there seems to be no element or likelihood of compromise - There was poisonous substance in the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Application for anticipatory bail was rejected by High Court - However, Supreme Court vide its earlier order granted stay of arrest - Having regard to facts and circumstances of case, appellant should be granted benefit of provisions..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A -- Summoning of additional accused - Cruelty - Allegations against nephews of husband - Petitioners had been living separately with their family prior to marriage of complainant/wife with her husband - They never shared accommodation with wife - Involvement of petitioners in day-to-day family..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Death by burning - Allegation against mother-in-law - Deceased died unnatural death within 7 years of her marriage - She was subjected to cruelty and harassment soon before her death and same being in connection with demand of dowry - Presumption u/s 113-B of Evidence..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Allegation against mother-in-law - High Court awarded life imprisonment to accused u/s 304-B IPC - However, keeping in view of age of accused, also her contribution that would be required by her family, while husband is also aged, further taking into consideration all other..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - FIR is silent with regard to demand of any dowry far less a bicycle - However, FIR speaks of assault upon deceased by accused followed by unnatural death of deceased - FIR need not be encyclopedia of facts and is only an instrument in writing which sets criminal law into motion - Every minute detail of..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 498A, 34 -- Evidence of interested witnesses - Cruelty - Deceased disclosed before PWs/relatives of deceased that she was tortured and assaulted by accused on demand of bicycle - All these witnesses though related to deceased but evidence of such witnesses cannot be discounted merely on the ground that they..........
Indian Penal Code, 1860, Section 406, 498A -- Offence u/ss 406, 498-A IPC - Compromise - Allowed so far as it relates to offence u/s 406 IPC but decline so far as it relates to offence u/s 498-A IPC - Where possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice, Court may quash proceedings -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offence u/ss 498-A, 406, 34 IPC - Allegation by husband that wife is not capable of sexual intercourse - However, accused personally present in Court and admitted that during stay of 24 days, they had sexual relations - Accused thus, bluffed and misled Court by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 323, 498A, 34 -- Anticipatory bail - Offence u/ss 420, 406, 323, 498-A, 34 IPC - Complaint prima facie do constitute offences as alleged - Petitioner abandoned his wife/complainant almost since very inception of marriage and failed to maintain her with due dignity and honour - He is not..........
