Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Compromise - Quashing of charge sheet - Applicant and 4 other members of his family were accused of harassing and killing deceased for dowry - Guilt of all accused persons against whom same allegations were made has been established by order of trial Court and all other accused persons have been..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Vague statement made by PW4 that accused used to tell deceased to `go and die', cannot be taken into consideration and rightly discarded, particularly when PW4 failed to disclose as to when accused had asked deceased to `go and die'...........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 106 -- Abetment of suicide - Accused stated in his statement u/s 313 Cr.P.C. that he was not at home at the time of incident - No evidence has been led by prosecution to rebut such assertion - Thus, no adverse inference can be drawn - Appellant acquitted...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide Incidents relied upon are stale and disconnected from the act of suicide - Material omissions in statements u/s 161 Cr.P.C. raise doubt on credibility of PWs - S.106 of Evidence Act cannot be pressed in aid due to lack of proximity or presence of accused - Conviction and sentence set aside - Appellant..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Quarrels arising out of matrimonial life are domestic quarrels - It cannot be said to be of such a high degree so as to compel deceased to commit suicide - So, an offence u/s 498-A IPC is not made out - Accused acquitted...........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Every dispute, quarrel or altercation arising from matrimonial life are not criminal offence - It will take colour of Criminal law only when there are no alternatives for wife but to put an end to her life because of harassment...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Suicide note - Deceased in her death note described in detail about ill treatment meted by appellant soon before her death which squarely attracts S.498-A IPC - Handwriting found on the death note is proved to be that of person who has written admitted handwriting - Prosecution was successful in proving that death note is..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Both husband and wife settled their dispute before Family Court by entering into a memorandum of understanding/consent terms, based on which..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Where a matrimonial relationship has been dissolved by mutual consent and parties are eager to move ahead in their respective lives, refusal..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Though Ss.498-A and 377 of IPC and 3, 4 of DP Act are non compoundable, to secure ends of justice, Court should hold that provisions u/s 320..........
