Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Court: High Court of Delhi Bench: JUSTICE SHIV NARAYAN DHINGRA Ms. Sangita Bhayana for the petitioners’ Complainant in person. Ms. Richa Kapoor for State on 28.03.2007 Law Point: 498 A Quashed – Against sister and mother in laws where the wife resiled on the compromise JUDGEMENT This is a petition under Section 482 Cr. P.C. for […]
Court: Patna High Court Bench: Birendra Prasad Verma, J. Ram Nath Thakur vs State Of Bihar on 26 March, 2011 Law Point: 498A after 2 years of husband filing divorce, granted bail JUDGEMENT The petitioner apprehends his arrest in a criminal prosecution, under Sections 498(A), 406 and494 of the Indian Penal Code as also 3/4 […]
Court: Jharkhand High Court Bench: Hon’ble Mr. Justice D.K.Sinha Ajit Kumar Rai & Ors vs State Of Jharkhand & Anr on 25 March, 2011 Law Point: No overt act has been attributed, 498A and 494 of IPC quashed JUDGEMENT The petitioners have invoked the inherent jurisdiction of this Court under section 482 of the Code of […]
Court: High Court of Delhi Bench: JUSTICE PRADEEP NANDRAJOG Sanjeev Kumar Aggarwal vs State & Anr. on 12.10.2007 Mr. R.M.Sinha, Adv. For the appellant. Mr. Sanjay Khanna and Mr. Jaideep Malik For the respondents. Law Point: 406 quashed for all as no specific allegations of entrustment of istridhan made in complaint. Each person’s charges dissected by Judge before quashing charges against all […]
Court: Bombay High Court Bench: B.R. Gavai Shekhar Shivdas Mahire vs Sou. Sarikabai Shekhar Mahire on 13 April, 2010 Mr. A. P. Mundargi – amicus curiae appointed by the Court. Mr. Vivek Salunkhe i/b. Mr. P. B. Shah for Applicants. Ms. Rita K. Joshi for Respondent No. 1. Mr. P. S. Hingorani – APP for […]
Court: High Court of Delhi Equivalent citations: 118 (2005) DLT 476, I (2005) DMC 659, 2005 (81) DRJ 15 Bench: JUSTICE S Agarwal Shadi Lal And Anr. vs Smt. Anita And State on 16 March, 2005 Law Point: Continuation of 498A proceedings after mutual settlement is abuse of process JUDGEMENT 1. By this Petition under […]
Court: Allahabad High Court Bench: Hon’ble Bhanwar Singh, J., Hon’ble J. M. Paliwal, J. Dharm Raj Yadav and others vs State of U.P. and others on 10/01/2006 Law Point: FIR quashed against all family members as wife fabricated well-documented story in the FIR JUDGEMENT This writ petition has been filed by Sanjeev Kumar Yadav, an […]
Court: Supreme Court of India Bench: S.B. Sinha, G.S. Singhvi Sanapareddy Maheedhar vs State Of Andhra Pradesh on 13 December, 2007 Law Point: 498A Quashed, continuing proceedings after 7 years of complainant getting re-married is abuse of court process JUDGEMENT Leave granted. This appeal is directed against the order dated 6.12.2006 passed by the learned Single Judge of […]
Court: Supreme Court of India Bench: Ashok Bhan, D.K. Jain Onkar Nath Mishra & Ors vs State (Nct Of Delhi) & Anr on 14 December, 2007 Law Point: Quash of 498 A & 406 commenting 498 A should not be used as a device to achieve oblique motives JUDGEMENT Leave granted. 2. This appeal by […]
Court: Supreme Court of India Bench: R.M. Lodha, A.K. Patnaik Amar Singh vs State Of Rajasthan on 3 August, 2010 Law Point: Mere demand of dowry cannot be prosecuted u/s 498A or 304B JUDGEMENT CRIMINAL APPEAL No. 854 of 2004 This is an appeal against the judgment dated 07.10.2003 of the High Court of Rajasthan, […]