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..........
Indian Penal Code, 1860, Section 498A, 406 -- Offence u/ss 498-A, 406 IPC - No specific allegation of any entrustment of any article having been made to any of accused - No convincing evidence from which an inference could be drawn that complainant was subjected to alleged harassment so as to pressurize and coerce her to meet unlawful demands of dowry of accused - Accused..........
Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 4 -- Complaint u/ss 498-A, 406, 34 IPC and S.4 of 1961 Act - Jurisdiction of Court - Appellant living in Delhi - Place of occurrence as per FIR was Meerut - Court at the place where wife resides after leaving matrimonial home has jurisdiction to entertain a complaint u/s 498-A IPC - Case..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 498-A, 406, 34 IPC - Offences in question are not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of proceedings will not only..........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Complainant could not bring home case against accused by leading evidence proving commission of alleged offences beyond all manner of doubt - Two Courts below have recorded concurrent findings of fact in this regard - No infirmity found in said findings - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 406, 498A, 506 -- Misappropriation of Istridhan - Cruelty - Criminal intimidation - Vague allegations were made by wife that dowry article are lying in custody of i, laws who did not allow her to use and misappropriated it, particularly when accused are residing in two distinct and different towns - Even no single instance of substantive..........
Indian Penal Code, 1860, Section 304B, 498A, 406, 302, 201, 34, Evidence Act, 1872, Section 138 -- Offence u/ss 304B, 498A, 406, 302, 201, 34 - Re-examination of witnesses - Failure by Public Prosecutor - Such omission by public prosecutor only amounts to lapse on his part and does not affect the case of prosecution, when corroborated with other evidence available on..........
Indian Penal Code, 1860, Section 498A, 406, Evidence Act, 1872, Section 3 -- Cruelty - Appreciation of evidence - Appeal against acquittal - There is no specific instances of cruelty suffered by deceased at the hands of her-in-laws which were continuous thus, there is no live link between demand so made by accused persons and death of deceased - Trial Court rightly..........
