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: Punjab and Haryana High Court Bench: JUSTICE H K Sandhu Devi Lal And Ors. vs State Of Haryana on 29 October, 1992 Law Point: Vague allegations, improvements in witness statements. Quashed JUDGEMENT 1. Ram Partap complainant in FIR No. 187 dated 27th July, 1991 registered at Police Station Rama, under Sections 408A, 506 and […]
Court: Rajasthan High Court Equivalent citations: RLW 2008 (1) Raj 266 Bench: JUSTICE N K JAIN Suresh Rawat vs State Of Rajasthan on 8 May, 2007 Law Point: 304B proceedings quashed, 498A conviction upheld. Time already spent in prison under 304B adjusted in 498A punishment time. JUDGEMENT 1. This appeal, on behalf of accused-appellant Suresh […]
Court: Kerala High Court Bench: JUSTICE O.P.DWIVEDI Mohanan vs State Of Kerala on 25 May, 2007 SRI.K.A.SALIL NARAYANAN For the appellant. SMT.K.A.ANGEL TREENA, Adv. For the respondent. Law Point: Compounding of offence u/s320 CrPC explained. JUDGEMENT The petitioners – son and mother face indictment interalia for the offence punishable underSection 498A I.P.C. Cognizance has been taken by the learned Magistrate on […]
Court: Bombay High Court Equivalent citations: 2008 (2) MhLj 856 S Kumar, D Chandrachud, J Devadhar Abasaheb Yadav Honmane And … vs The State Of Maharashtra on 12 March, 2008 Law Point: Compounding and quashing are not synonymous terms.The power to compound can be exercised at the trial stage or even at the appellate stage […]
Court: Punjab and Haryana High Court Bench: JUSTICE L.N. MITTAL Bhupinder Kaur And Others vs State Of Punjab And Another on 2 December, 2009 Mr. Deepak Sharma, Adv. For the appellant. Mr. HS Gill, DAG Punjab for respondent Nos. 1 and 2 Mr. HPS Ghuman, Advocate for applicant-GMADA Law Point: 498A on minors, whole family implicated, FIR Quashed qua the […]
Court: Andhra High Court Equivalent citations: 2003 (1) AWC 344 SC, (2003) 2 CALLT 23 SC Bench: JUSTICE D VARMA Syed Asgar vs Government Of Andhra Pradesh, … on 8 April, 2005 Law Point: Offences commited outside India to follow CrPC 188 provisions, proceedings are abuse of law, quashed JUDGEMENT 1. Heard both sides. 2. […]
Court: Supreme Court of India Bench: Altamas Kabir, Markandey Katju Smt. Pinki Jain vs Sh. Sanjay Jain on 31-01-2005 Law Point: Amicable settlement between parties, proceedings quashed JUDGEMENT 1. Leave granted. 2. The question whether a First Information Report under Sections 420/468/471/34/120-B IPC can be quashed either under Section 482 of the Code of Criminal […]
Court: Patna High Court Bench: Justice Rakesh Kumar Sachidanand Singh & Ors vs State Of Bihar & Anr on 13 September, 2010 M/S Krishna Prasad Singh, Sr. Adv. Mithilesh Kr. Singh, Adv. for petitioners. M/S Bhola Prasad, Adv. Swapnil Kumar Singh, Adv. for OP2 Mrs.Indu Bala Pandey, A.P.P. for State Law Point: Person shall not convict […]
Court: High Court of Delhi Bench: Justice Shiv Narayan Dhingra Harish Kumar vs State on 29 July, 2010 Mr. Manoranjan & Mr. Gurusharan Singh, Adv. For the appellant. Mr. Sunil Sharma, APP for the State. Law Point: Consent of prosecutrix, who was aware that no marriage had taken place between parties, no case either under Section 376 or 493 IPC […]
Court: Supreme Court of India Bench: V.S. Sirpurkar, Cyriac Joseph Madan Mohan Singh vs State Of Gujarat & Anr on 17 August, 2010 Law Point: Grudge against accused cannot be enough reason for initiate proceedings of abetment of suicide. Baseless and irrelevant allegations cannot be used as a basis for prosecution for serious offence JUDGEMENT […]