Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A, 304 -- Bail during pendency of appeal against conviction - Offence u/ss 498-A, 304(Part I)PC - Accused already suffered incarceration for a period of approximately 27 months out of a total sentence of 10 years R.I awarded by trial Court which is affirmed by High Court - It is thus, a fit..........
Indian Penal Code, 1860, Section 498A, 114, 323 -- Conviction of appellant u/ss 498-A, 114 & 323 - Accused No.3 to 5 acquitted - Husband undergone the sentence - Overt act attributed to appellant that he physically assaulted deceased on two occasions - Accusation of physical assault by appellant on deceased not proved - Appellant acquitted...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 316, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Cruelty - Dowry demand - Compromise arrived at between parties - High Court in exercise of its inherent jurisdiction u/s 482 Cr.P.C may quash the proceedings in respect of no, compoundable..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Death of deceased occurred in an unnatural condition within seven years of her marriage - PWs stated that no demand was made at the time of marriage - Parents of deceased stated that one day before death of deceased a telephonic call was received from deceased that accused were quarreling with her..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Dowry demand - There are embellishments in respect of torture so inflicted upon victim/wife - However, there is consistency regarding demand of dowry and harassment and torture being inflicted upon wife - Though there are no materials for convicting mother-in-law, but there is evidence against husband - Mother-in-law..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 323 -- Quashing of proceedings - Offence u/ss 498-A, 406, 323 - Court under exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to analyze factual evidence, which is a subject of trial Court - Since complaint discloses offence in question, application for quashing rejected...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Complaint u/s 498-A IPC - Jurisdiction - 2019(2) Apex Court Judgments 344 (S.C.) : 2019(2) Criminal Court Cases 578 (S.C.) followed, wherein held : Courts at the place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of summoning order - Accused husband filed divorce petition against wife in which he admitted that there is no consummation of marriage - Despite that wife gave a birth to a male child in her parental house as a result of adultery - Accused thus,..........
Indian Penal Code, 1860, Section 498A, 506 -- Cruelty - No utterance of involvement of father-in-law even in a single instance narrated in FIR and statements of complainants as well as other witnesses recorded u/s 161 Cr.P.C. - Proceedings qua father-in-law quashed...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mere demand of money or property, unaccompanied by any harassment would not fall within mischief of S.498-A IPC - There has to be a nexus between demand and consequent harassment...........
