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: Madhya Pradesh High Court Bench: JUSTICE C.V. Sirpurkar Ramlal Prajapati Vs. State Of Madhya Pradesh On 15 September 2017 Law Point: Criminal Procedure Code, 1973 — Section 439 — Indian Penal Code, 1860 — Sections 306, 498A, 34 — Bail — Abetment of suicide — Cruelty — Petitioners, father-in-law and mother-in-law of deceased — […]
Court: Andhra Pradesh High Court Bench: JUSTICE B. Chandra Kumar T. Kaleem & Ors. Vs. State Of A.P. On 17 January 2014 Law Point: Criminal Procedure Code, 1973 — Section 438 — Indian Penal Code, 1860 — Sections 498A, 34 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Anticipatory Bail — Cruelty — […]
Gauhati High Court JUSTICE Rumi Kumari Phukan Lakhan Deka & Anr. Vs. State Of Assam On 11 July 2017 Law Point: Sections 498A, 34 – Independent witnesses have not supported prosecution case — No complaint/FIR made at relevant point of time regarding torture — Prosecution not able to prove cruelty as embodied under Section 498A, […]
Court: Madhya Pradesh High Court Bench: JUSTICE G.S. Ahluwalia Radha & Ors. Vs. State Of M.P. & Ors. On 12 January 2017 Law Point: Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 498A, 406, 506-II — Quashing of order taking cognizance — Cruelty — Criminal breach of trust — […]
Court: Patna High Court Bench: JUSTICE HONOURABLE THE CHIEF JUSTICE Amrit Anand @ Chhotu vs The State Of Bihar on 14 January 2015 Law Point: Gross misuse of 498A. 6th Additional Sessions Judge so insensitive & did not even mention justification keeping petitioner in prison. Bail allowed. JUDGEMENT The petitioner is being tried on a […]
Court: Patna High Court Bench: JUSTICE ASHWANI KUMAR Binay Kumari vs State Of Bihar & Anr on 13 May 2015 Law Point: Sister in law roped into 498a case without specific allegations or proof. Patna HC quashes case & talks of misuse of 498a. JUDGEMENT 6 13-05-2015 Heard learned counsel for the petitioner, learned counsel […]
Court: ALLAHABAD HIGH COURT Bench: JUSTICE Sushil Harkauli & Amar Saran RAJEEV VERMA & ORS. Vs. STATE OF U.P. & ORS. On 5 March 2004 Law Point: Section 498-A — Criminal Procedure Code, 1973 — Section 320 — Cruelty : Compounding of offence : Section 345, Criminal Procedure Code (old 1898) corresponding to Section 320, […]
Court: Delhi High Court Bench: JUSTICE Sudershan Kumar Misra Sameer Sabharwal & Ors. Vs. State & Anr. On 16 July 2014 Law Point: Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 498A, 406 — Quashing of FIR — Cruelty — Criminal breach of trust — Entire controversy risen due […]
Court: Allahabad High Court Bench: JUSTICE P Srivastava Lalit Bhatia Vs. State Of Uttar Pradesh And Anr. On 27 May 2005 Law Point: Complaint has been filed only with a view to cause harassment to the husband and his family members. Continuation of the proceedings on the basis of complaint impugned in this application is […]
Court: Bombay High Court Bench: JUSTICE Naresh H. Patil & T.V. Nalawade Ramesh & Ors. Vs. State Of Maharashtra On 27 March 2012 Law Point: Indian Penal Code, 1860 — Sections 302, 498A, 34 — Murder — Cruelty — Common Intention — Benefit of doubt — Dying declarations do not inspire confidence to convict all […]