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specific in nature. The said court, however, took cognizance for the offence under section 498A, 323 IPC against the husband Md. Ikram, and issued summons. This dispute was eventually resolved and Respondent No. 5 herein came back to the matrimonial home. 4. Subsequently, on 01.04.19, Respondent No. 5 herein, gave another
Feb 2, 2021 · The present 482 Cr.P.C. application has been filed to quash the cognizance order dated 27.09.2018 as well as the entire proceedings of Criminal Case No. 51902of 2018, arising out of Case Crime No.23 of 2018, under Sections 498A, 323, 494, 506 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Mahila Thana, District-Kanpur Nagar, pending in the court of Metropolitan Magistrate-Ist, Kanpur Nagar.
- Specific Allegations Against Husband’S relatives
- Mother-In-Law Treating Daughter-In-Law with Cruelty
- 498A IPC Evidence
- Abetment of Suicide After Cruelty Against Women
- Section 498A of IPC and Dying Declaration as Evidence
In case of Kahkashan Kausar v. State of Bihar, 2022 SCC OnLine SC 162 the Court held that husband’s relatives cannot be forced to undergo trial in absence of specific allegations of dowry demand.It was further observed through this latest judgment of Supreme Court of India on 498A that “a criminal trial leading to an eventual acquittal also inflict...
In case of Meera v. State, 2022 SCC OnLine SC 31, the Supreme Court held that “when an offence has been committed by a woman by meting out cruelty to another woman, i.e., the daughter-in-law, it becomes a more serious offence.” It further added that woman meting out cruelty to another woman deserves no leniency. Mother-in-law must protect daughter-...
Since matters of cruelty under IPC Section 498A are related to a matrimonial home, most of the witnesses are related to each other by birth or marriage. Hence, they are the interested parties whose statements may or may not be genuine enough to be relied upon by the judges. In Surendran v. State of Kerala, 2022 SCC OnLine SC 621,this latest Supreme...
The latest Supreme Court judgment on 498A in 2022 discussed the nexus between offences under Sections 498A and 306 of IPC in Mariano Anto Bruno v. State, 2022 SCC OnLine SC 1387.The Supreme Court reiterated that “Court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find o...
In Rajaram v. State of M.P., 2022 SCC OnLine SC 1733, the victim’s husband came up with an appeal against conviction under IPC Section 498A. According to the facts, the victim was brought to the hospital in a burnt condition and lost her life thereafter. Two dying declarations of the victim were recorded by the authorities. The first dying declarat...
Jan 3, 2019 · In this case, the Court observed that the fact that Section 498A, IPC is a cognizable and non-bailable offence, it is more often than not is used as a weapon rather than shield by disgruntled wives. It results in harassing the husband and his relatives by getting them arrested under this Section and it is more disturbing to see bedridden grandfathers and grandmothers being arrested without a prima facie case.
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offence u/s 498-A IPC, Sec. 3 & 4 of the Dowry Prohibition Act and the cognizance was taken for those offences by my predecessor. Later an additional charge sheet was filed by the investigation officer in this case and my predecessor was please to take cognizance of offences punishable u/s 406, 420 IPC also on 16.08.2013. But the fact of filing of
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Aug 17, 2019 · Under section 198A of CrPC, the court is bound not to take cognizance of an offence punishable under section 498A of IPC. Except in cases where the police report is filed by the aggrieved wife or by her father, mother ,brother, sister or with the leave of the court, by any person related to her by blood ,marriage or adoption.
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Dec 3, 2018 · As per Section 468 CrPC, a complaint alleging commission of an offence under Section 498-A can be filed within 3 years of the alleged incident. However, Section 473 CrPC enables the Court to take cognizance of an offence after the period of limitation if it is satisfied that it is necessary so to do in the interest of justice.
