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, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406, 506 IPC - Allegations against distant relatives of husband by estranged wife - Once such a glaring fact situation comes to notice of Court, it become its constitutional obligation to come to rescue of an accused, while exercising its inherent jurisdiction..........
Indian Penal Code, 1860, Section 498A, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406, 506 IPC - Quashing of FIR - Estranged wife/complainant made allegations against married sister-i, law - Marriage of sister had already taken place much before the marriage of complainant - Allegations against sister general in nature - Moreover, sister..........
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...........
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 -- Word "Relative" has not been defined under IPC - However, it means any person related by blood, marriage or adoption...........
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..........
Indian Penal Code, 1860, Section 304B, 498A, 315, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Death by hanging - Demand of dowry - Deceased died within 3 years and 8 months of her marriage in unnatural circumstance - Ante mortem injuries correspond to averment of causing murder by hanging - Deceased was subjected to cruelty and harassment and was even..........
