Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 498A -- Summoning of additional accused - Abetment of suicide - Cruelty - Accused implicated first time in statement of informant before trial Court - Story set up by witnesses during their testimony before trial Court has come up for the first time which is against the allegations of FIR and..........
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..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 34 -- Quashing of proceedings, post conviction, during pendency of appeal - Compromise - Proceedings emanating from matrimonial dispute - No embargo in exercising power u/s 482 Cr.P.C. to quash proceedings - Criminal proceedings quashed...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Court where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty, would have jurisdiction to entertain complaint alleging commission of offence u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Sending SMS to different girls for marriage proposal by husband prima facie disclose mental torture upon wife and thereby such mental torture can be well said to have taken place at the parental house where wife is residing - SDJM..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 498A, 406 -- Discharge - Offence u/ss 498-A, 406 IPC - Magistrate has correctly appreciated the prosecution case as put forth in charge sheet and came to finding that case against respondents not made out - Judgment of revision Court endorsing the finding of Magistrate is also well within the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961 -- Quashing of proceedings by High Court - Merely because wife was suffering from disease AIDS and/or divorce petition was pending, it cannot be said that allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 360 -- Offence u/s 498-A IPC - Benefit of probation - Domestic dispute between parties wherein accused is alleged to have harassed his wife due to non-satisfaction of demand of dowry - Petition is pending since 2007 and accused was 23 years of age at the time of offence - No evidence that 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 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings u/s 498-A IPC - Proceedings cannot be quashed merely on the ground that Family Court in a proceeding u/s 125 Cr.P.C. has held that informant is not the wife of accused when FIR and statement of witnesses disclose about marriage which need to be established during..........
