Indian Penal Code, 1860, Section 494, 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Bigamy - Cruelty - Allegation against relatives of husband - Quashing of proceedings - Second marriage was performed by husband during subsistence of first marriage - No specific allegation against applicants No.2 to 4, except the fact that they co-operated in second..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 120B -- Second bail application - Dowry death - Husband main accused - Proclamation was issued against petitioner/husband as his presence was not procured in the ordinary course by summoning Court - Earlier bail application of petitioner was dismissed for want of prosecution - Keeping..........
Criminal Procedure Code, 1973, Section 372, 378(3), Indian Penal Code, 1860, Section 304B, 498A, 302, Dowry Prohibition Act, 1961, Section 4 -- Dowry death case - Appellant being father of victim/deceased has statutory right to prefer an appeal to High Court against order of acquittal u/s 372 Proviso Cr.P.C. but only after obtaining leave of High Court as required u/s..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 304B, 498A, 302, Dowry Prohibition Act, 1961, Section 4 -- Appeal against acquittal - High Court dealt with appeal in a very cursory and casual manner without adverting to legal contentions and evidence on record - Appeal dismissed by passing a cryptic order - High Court failed to exercise its..........
Indian Penal Code, 1860, Section 498A -- Cruelty - In order to attract the provision of S.498-A IPC, there must be specific allegations/overt act on the part of accused and there must be prima facie material against petitioners to indicate that dowry articles were actually entrusted to them and they misappropriate the same - For the fault of husband alone, other relations..........
Indian Penal Code, 1860, Section 498A, 406 -- Cruelty - Misappropriation of dowry articles - Quashing of FIR - No specific allegation regarding cruelty in the FIR against petitioners unmarried sisters-i, law of complainant - Nor there is any specific allegation as to what dowry articles were entrusted to which of petitioners - Petitioners are not going to gain from the..........
Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Demand of dowry - Demand of share in ancestral property cannot come under the purview of demand of dowry...........
Evidence Act, 1872, Section 106 -- Dowry death - Burden of proof - Since no presumption could be raised taking recourse of provision of Ss.113-A, 113-B of Evidence Act and there is no charge u/s 302 IPC against accused, therefore, no question arises for accused to discharge the burden as required u/s 106 of Act...........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Demand of dowry - General allegations without any date and time of incident of demand of dowry - There is absolutely no material to connect accused with demand of dowry, cruelty, harassment to constitute the alleged offence - Statement of PWs no.1 & 2 are self..........
Indian Penal Code, 1860, Section 498A, 323, 506, 34 -- Offence u/ss 498-A, 323, 506, 34 IPC - Quashing of FIR against relatives of husband - Prima facie allegations are made against relatives of husband in FIR and in the police statement by witnesses for demand of dowry and harassment - Quashing of FIR at the initial stage is not appropriate, as triable case is made..........
