Indian Penal Code, 1860, Section 498A, 325, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - No specific allegation of any physical violence except for vague statements made by wife about she having been beaten up, in which she sustained a fracture and having been subjected to physical and mental torture..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 417, Dowry Prohibition Act, 1961, Section 4 -- Framing of charges - Cheating - False promise to marry - No recital in FIR or charge sheet that Rs.5 lacs is demanded at time of construction of house - Even, statement of victim's mother nowhere shows that Rs.5 lacs is paid by her - Moreover, as per..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 85, 316(2) -- Anticipatory bail - Cruelty - Petitioner has already joined investigation and substantial part of dowry articles are recovered - Allegations detailed in FIR are matter of trial - No purpose would be served by sending petitioner behind bars - Anticipatory bail..........
Bharatiya Nyaya Sanhita, 2023, Section 80, 85, Dowry Prohibition Act, 1961, Section 3, 4, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/ss.80, 85 BNS and 3, 4 DP Act - Anticipatory Bail - As per the postmortem report on record, deceased died of asphyxia due to ante-mortem hanging and further, no other injury marks were found on any other part of the..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against sisters of husband - Taunting wife on the ground of not being able to conceive cannot be taken as sufficient grounds for continuation of proceedings against petitioners u/s 498-A IPC and Ss.3, 4 of DP Act - Proceedings qua sisters of husband..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegations against relatives of husband - Supreme Court in Geeta Mehrotra & Anr. vs. State of Uttar Pradesh & Anr. 2013(1) Criminal Court Cases 031 (S.C.) and Dara Lakshmi Narayana & Ors. vs. State of Telangana & Anr. 2024 INSC 953 : 2024(12) SCR 559, has deprecated practice of..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegations against relatives of husband - Omnibus and general allegations levelled against appellants - Appellants and complainant are residing separately - There is no specific date as to when appellants visited place where complainant is residing and joined accused Nos.1 to 3..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Testimony of PWs - Cause of death is burn injuries i.e unnatural death - Incident took place within four years of marriage - However, none of PWs proved that deceased was harassed for dowry - Mother and brothers of deceased stated that economic circumstances were the..........
Indian Penal Code, 1860, Section 498A -- Cruelty - S.498-A IPC nowhere states that it is the offence only if it involves dowry harassment - A married woman may be subjected to cruelties by her husband and other relatives for very many reasons...........
Indian Penal Code, 1860, Section 498A, 506 -- Cruelty - Complainant was forcibly administered some medicine into her mouth by A-1 and A-2 to abort child in womb - When she came to matrimonial home along with child, accused persons did not allow her and it is alleged that they had threatened using machete but during evidence, complainant did not deposed regarding weapon and..........
