Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Deceased expired as a result of "septicaemia due to chronic illness of multiple organs involvement" - Death cannot be termed as "not under normal circumstances" - Ingredients of S.304-B not fulfilled - There..........
Indian Penal Code, 1860, Section 302, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Demand of dowry - Circumstantial evidence - Version of FIR is different version which was taken by informant and his son - PWs gave contradictory statements - Recovery of articles was a sham recovery - Motive of crime not established - Prosecution failed to prove its case..........
Indian Penal Code, 1860, Section 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Cheating - Demand of dowry - Allegation against sisters of A-1 - Allegation that marriage between niece of informant and A-1 was fixed but A-1 refused to perform the marriage for want of demand of dowry - A-4 and A-5 sisters of A-1 has no role in fixing of marriage and they neither..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Demand of dowry - Deceased died as she was set ablaze - First dying declaration of deceased implicates accused and said dying declaration fulfill all requirements - Evidence of witnesses and post mortem report states that injuries on the body of deceased would be the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Murder - Two dying declarations - Contents of both the dying declarations are same - Nothing on record to suggest that police or treating doctors had any animosity with accused - Victim was a young lady who succumbed to burn..........
Indian Penal Code, 1860, Section 498A, 427, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Settlement - When parties genuinely settle the dispute amicably then Criminal proceedings can be quashed by exercising power under Article 142 of the Constitution of India or even u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354, 354A, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Compromise - Dowry demand - Compromise arrived at between parties and parties amicably resolved their dispute - Offences in question are of predominantly private in nature and no moral turpitude or..........
Indian Penal Code, 1860, Section 498A, 406, 323, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Wife developed primary infertility with premature menopause - Husband in such traumatic situation asked wife for divorce by mutual consent which amounts to mental cruelty which effected life and health of wife - Prima facie case is made out against accused -..........
Indian Penal Code, 1860, Section 498A, 323, 524, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Distant relatives - Living at separate residence - Mental cruelty can be inflicted even by communication i.e. telephone etc. - Sufficient material on record which is indicative of inflicting mental cruelty..........
Indian Penal Code, 1860, Section 304B, 306, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 304B, 306, 498A IPC and Ss.3, 4 Dowry Prohibition Act - Suspension of a sentence - Held, while considering an application for suspension of sentence and to release the accused on bail it will notice the gravity of the offense, and its social impact - Similarly,..........
