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 Sheel Nagu Raju @ Nagendra Singh Chauhan & Anr. Vs. State Of M.P. & Anr. On 24 November 2017 Law Point: Indian Penal Code, 1860 — Section 498A — Cruelty — Allegation of cruelty made in very vague and non-specific manner — Total absence of description of […]
Court: Orissa High Court Bench: JUSTICE S.K. Sahoo Maheswar Panda (Dr.) & Ors. Vs. State Of Orissa & Anr. On 23 April 2018 Law Point: Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Section 498A — Dowry Prohibition Act, 1961 — Sections 4, 6A — Quashing of FIR — […]
Court: Punjab and Haryana High Court Bench: JUSTICE Hari Pal Verma Sukhdeep Kaur & Anr. Vs. State Of Punjab & Anr. On 29 September 2015 Law Point: Indian Penal Code, 1860 — Sections 406, 498A — Criminal Breach of Trust — Cruelty — No specific allegation against sister-in-laws as to what dowry articles entrusted to […]
Court: Supreme Court Of India Bench: JUSTICE Jagdish Singh Khehar & S.A. Bobde Pritam Ashok Sadaphule & Ors. Vs. State Of Maharashtra & Anr. On19 March 2015 Law Point: Section 498A — Protection of Women from Domestic Violence Act, 2005 — Quashing of FIR — Cruelty — Allegations levelled against in-laws by wife aimed at […]
Court: Delhi High Court Bench: JUSTICE D.K. Jain Rajinder Singh Vs. State & Anr. On 13 October 1998 Law Point: Territorial Jurisdiction, Quashing of FIR — Indian Penal Code, 1860 — Section 406 — Criminal Breach of Trust : Trial by Court within whose Local Jurisdiction Offence Committed — Marriage between petitioner and complainant solemnised […]
Court:Supreme Court of India Bench: JUSTICE J.B. Garg Chirag M. Pathak vs Dollyben Kantilal Patel on 15 November 2017 Law Point: Only when on reading the FIR, a sheer absurdity in the allegations is noticed and when no prima facie cognizable case is made out on its mere reading due to absurdity in the allegations […]
Court: High Court Of Gujarat Bench: JUSTICE A.J. Shastri Vijaychandra Prakash Shukla and Ors. vs. State of Gujarat and Ors. On 27 January 2017 Law Point: Second complaint – Flied by very same complainant before the same Police Statio, having direct effect on the first complaint and allegations forming part of main act and allegation […]
Court: Delhi High Court Bench: JUSTICE Mukta Gupta Mohit Narula Vs. State Of Nct Of Delhi & Anr. On 25 April 2018 Law Point: Rape — Consent — Fraud — False promise of marriage alleged — Relationship developed — During subsistence of earlier marriage there could have been no false promise to marry complainant by […]
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, […]