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 Vimla Jain State Of Madhya Pradesh Vs. Dulichandra & Anr. On 01 February 2012 Law Point: Vague allegations of cruelty against Husband. Absence of direct and clinching evidence against Husband in respect of cruelty under Section 498A, IPC to victim. Failure of prosecution to establish guilt beyond reasonable […]
Court: Allahabad High Court Bench: JUSTICE Sunil Hali Umesh @ Banti & Ors. Vs. State Of U.p. & Anr. On 31.8.2012 Law Point: Allegations made in FIR are so absurd and inherently improbable on basis of which it is not possible to proceed against accused person. Criminal proceedings quashed. JUDGEMENT 1. Process under Sections 498A, […]
Court: Jharkhand High Court Bench: JUSTICE Hari Shankar Prasad Arjun Ram Vs. State Of Jharkhand And Anr. Decided on 13 May 2004 Law Point: Quashing of order taking cognizance: Cruelty, hurt, theft, bigamy: Complaint case filed only after coming to know of filing of Title (M) Suit for divorce and it is actuated with mala […]
Court: Orissa High Court Bench: JUSTICE R M.M. Das Surendra Hota & Ors. Vs. State Of Orissa Decided on 2 September 2010 Law Point: Complaint petition itself does not disclose commission of any offence committed by petitioners — Rather it reflects anguish of complainant for having been impleaded as OP in case filed for award […]
Court: Madhya Pradesh High Court Bench: JUSTICE R.P. Awasthy Sheetal Prasad Gaur And Others Vs. Bhagwandas Decided on 25 April 1994 Law Point: Alleged commission of offences punishable under Secs. 294, 506-B and 500 r/w Sec. 120-A I.P.C. — Filed with ulterior motive of harassing the petitioners — Allegations patently absurd and inherently improbable — […]
Court: Patna High Court Bench: JUSTICE Ghanshyam Prasad Shailendra Kumar & Ors. Vs. State Of Bihar & Anr. Decided on 19 February 2007 Law Point: Cost of jewellery given at time of negotiation already returned — Continuance of criminal prosecution would amount to misuse of process of Court. JUDGEMENT 1. Heard. 2. This application under […]
Court: Patna High Court Bench: JUSTICE Abhijit Sinha Santosh Kumar Maurya @ Santosh Kumar Vs. State Of Bihar & Anr. Decided on 13 August 2009 Law Point: No specific instances of alleged torture or cruelty with exact date and time as also location furnished — General and bald statement of victim being subjected to torture […]
Court: Andhra Pradesh High Court Bench: JUSTICE C.Y. Somayajulu V. Shankaraiah Vs. State Of A.p. Decided on 11 February 2002 Law Point: Abetment of Suicide : No Averment in Charge Sheet or Material on Record to Show Petitioner Either Induced Deceased to Commit Suicide or Aided Suicide of Deceased : He is not Liable to […]
Court: Delhi High Court Bench: JUSTICE S.C. Jain V. Chandrasekharan Vs. Vasantha & Anr. Decided on 26 August 1993 Law Point: Plea of entrustment of jewelry and refusal to return demand for the first time — Other litigation pending — Whether proceedings liable to be quashed ? (Yes). JUDGEMENT 1. Shri V. Chandrasekharan, the petitioner […]
Court: Allahabad High Court Bench: U.S. Tripathi Yogesh Chhibbar Vs. State Of U.P. Decided on 06 December 1999 Law Point: Complaint Filed by Un-authorised Person : Cognizance Wrongly Taken — Dowry Prohibition Officer Not Empowered to File Complaint — Power to file complaint cannot be inferred from analogy of powers of Dowry Prohibition Officer enumerated […]