Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482, 178 -- Cruelty - Quashing of summoning order - Lack of territorial jurisdiction - Prima facie evident that mental cruelty was still persisting in wife's mind while she was staying at her parental home as demand for valuables was still being persistently being made by petitioners - On taking..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Bald allegations made by complainant against accused without mentioning any specific incident - No incriminating material found by prosecution or produced by complainant to substantiate the ingredient of cruelty u/s 498A IPC - Complainant failed to produce medical..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Divorce decree - Where parties have moved on with their respective lives, it would be unjust and unfair to compel accused to go through tribulations of trial - Order of discharge by trial Court upheld...........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 468 -- Cruelty - Time barred complaint - Commutation of limitation period - Offence committed on 8-9-1999 and complaint filed on 3-7-2002, therefore complaint lodged within period of 2 years and 10 months - Complaint held not barred by limitation...........
Indian Penal Code, 1860, Section 498A -- Cruelty - To attract S.498-A IPC, woman must be legally married to accused and must be subjected to cruelty or harassment by husband or his relatives...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Victim was only 14 years old at the time of alleged marriage and accused was 20 years old but below minimum legal age of marriage - There was thus, no valid marriage that could confer upon victim the status of a wife as required to invoke S.498-A IPC - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Compromise - Quashing of FIR - Obnoxious allegations were levelled against petitioners in FIR - Allegations that petitioners without knowledge of victim clicked her pictures and videos and thereafter threatened to circulate the same unless she would agree for..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Prosecution failed to make out a case of continuous demand of dowry and torture for non-fulfillment of same - Charge u/s 498-A IPC not proved - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Accused subjected deceased to mental and physical cruelty - Pattern of behaviour shown by accused amounts to "willful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb or health," as defined u/s 498-A IPC - Incidents of sustained cruelty and..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Extra marital affair per se does not amount to cruelty u/s 498-A IPC or abetment u/s 306 IPC, unless it is shown that relationship was pursued in a manner calculated to harass or torment deceased...........
