Indian Penal Code, 1860, Section 306, 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Abetment of suicide - Cruelty - Dowry demand - Compromise - Quashing of proceedings - Deceased committed suicide soon after giving birth to child - It cannot be assumed that deceased was being treated with inhuman cruelty preceding such child birth and at the same time she..........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 406, 498-A IPC - Quashing of complaint - Allegations against father-i, law, grandfather-i, law and brother-i, law of complainant - Neither specific allegations were made against petitioners, nor any specific overt act assigned to them in complaint - Allegations are..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - As per prosecution version husband of deceased was having an affair with another lady and caused death of deceased with rope and then hanged her with Dupatta - As per evidence on record there is no eye-witness to said incident - Medical evidence does not..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Deceased committed suicide by pouring kerosene oil upon her and putting on fire after 12-13 years of her marriage - Parents of deceased stated that accused used to administer beatings to their daughter after consuming liquor - Medical evidence duly corroborates ocular evidence - Delay in lodging..........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Family members - Quashing of proceedings - Complaint against family members of husband - No specific allegations against applicants regarding cruelty due to demand of dowry or alleged causing of injury or using foul words or any other overt act - Mere casual reference of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offence u/ss 498-A, 406, 34 IPC - Petitioner and complainant married for 21 years and having two grown up children - Petitioner has already joined investigation - Allegation as to dowry demand and retention of Istridhan, prima facie not made out, in as much as..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Quashing of proceedings - Compromise - Divorce by mutual consent after compromise with husband - In view of subsequent events and conduct of wife, allowing criminal proceedings of accused to go on, would indeed be an abuse of process of Court -..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 406, 498A -- Cancellation of bail - Nothing on record to suggest that accused had not co-operated with the investigation or had hampered it in any way - Non recovery of articles is not a valid ground for cancellation of bail - It is to be proved during trial as to how much dowry was given and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 419 -- Order taking cognizance - Petition u/s 482 Cr.P.C. not only to quash order taking cognizance but also to quash and set aside the entire criminal proceedings - Application u/s 482 Cr.P.C. held, maintainable...........
Indian Penal Code, 1860, Section 498A, 406, 419 -- Offence u/ss 498-A, 406, 419 IPC - Order taking cognizance - A bare perusal of complaint revealing that it is not devoid of allegations against petitioners - Certain overt-acts have specifically been attributed to petitioners - Uncontroverted allegations against petitioners available in the material on record sufficient..........
