Delhi HC: Mere Non-Return of Stridhan Insufficient for Section 406 IPC Without Specific Entrustment
In Harcharanjeet Bains v. State (NCT of Delhi), the Delhi High Court partly quashed criminal proceedings arising from a matrimonial dispute. The
Section 498A IPC
Mere non-return of Stridhan insufficient for S. 406 IPC without specific entrustment or dominion; Delhi HC quashes S. 406 proceedings, allows S. 498A case to continue
Delhi High Court partly quashed criminal proceedings arising from a matrimonial dispute, holding that the allegations under Section 498A IPC disclosed a prima facie case of cruelty, while the prosecution under Section 406 IPC could not be sustained for want of entrustment.
Presumption in dowry death cases require proof of demand related cruelty soon before death: Madras HC acquits husband
“The trial court failed to note that only when the prosecution proves the foundational facts and there is evidence to show that cruelty was meted out to the deceased in respect of demand of dowry soon before death, the presumption under Section 113-B of the Evidence Act would arise.”
“Section 498A IPC not panacea for all matrimonial ills”: Karnataka High Court quashes FIR against husband and his family
“Minor skirmishes that happens in the family between the husband and the wife are projected to become a crime for offences punishable under Section 498A of the IPC or even under Section 504 IPC”
Bombay HC: Father-in-law’s dowry remarks, ignoring husband’s affair, and advising to wife to tolerate violence not cruelty under Section 498A IPC
“When these allegations are considered apposite Section 498A IPC, they do not constitute “cruelty” as defined in the explanation appended to the provision.”
Bombay HC: Mere statements by parents about daughter’s emotional distress not sufficient to establish cruelty under Section 498A IPC
“Mere statements that the deceased daughter used to be unhappy and used to weep is not sufficient to conclude beyond reasonable doubt that there was harassment or conduct of such nature and degree that it will drive a woman to commit suicide.”
‘Able-bodied husband’s unemployment no excuse to evade legal duty to maintain wife’ ; Calcutta HC sets aside Family Court’s order
“Once there is no denial of the fact that the husband is an able-bodied young man capable of earning, he cannot simply deny his legal obligation of maintaining of his wife equal to the status and strata.”
‘Allegations are generic and rather ambiguous’; SC quashes S. 498A IPC case against husband and in-laws for lack of prima facie evidence
“It is rather unfortunate that the Complainant being an officer of the State has initiated criminal machinery in such a manner, where the aged parents-in-law, five sisters and one tailor have been arrayed as an accused.”
Supreme Court acquits husband in 498A IPC case, expresses concern over misuse of dowry and cruelty provisions
The term “cruelty” is subject to rather cruel misuse by the parties, and cannot be established simpliciter without specific instances, to say the least. The tendency of roping these sections, without mentioning any specific dates, time or incident, weakens the case of the prosecutions, and casts serious suspicion on the viability of the version of a Complainant.
Mere suspicion of extra-marital affair, however morally reprehensible, does not per se amount to abetment of suicide: Delhi HC grants bail to a man accused u/s 498A, 304-B IPC
Even after assuming, that such relationship existed between petitioner and his sister-in-law, or demeaning language in reference to the deceased, was exchanged via WhatsApp between them, these facts, stand alone, do not, prima facie, disclose the specific ingredients of cruelty or harassment related to dowry demand.
‘Quarrels between husband & wife not cruelty under S. 498-A IPC’; Gauhati HC quashes proceedings against husband and in-laws
“Subjecting a married woman to cruelty for want of dowry was the reason for which our legislature has inserted Section 498-A in the Penal Code. In the case at hand, there is no allegation of demand of dowry.”
‘Abysmal that S.498-A IPC is used as tool to harass husband and his family members’; Delhi HC quashes FIR against husband and his family
Such matters are now filed in the heat of the moment on advice of counsel by exaggerating and misconstruing actual events. However, this does not mean that genuine cases of harassment didn’t exist, and it is not blind to the ground reality of the deeply rooted social evil of greed for dowry.
‘Charges should be specific against family members for prosecution otherwise it may amount to misuse of criminal process’; SC quashes DV and Dowry case against two
“In the context of matrimonial disputes, emotions run high, and as such in the complaints filed alleging harassment or domestic violence, there may be a tendency to implicate other members of the family who do not come to the rescue of the complainant or remain mute spectators to any alleged incident of harassment, which in our view cannot by itself constitute a criminal act without there being specific acts attributed to them.”
Second wife who was single at the time of marriage cannot be prosecuted for bigamy under S. 494 IPC: Chhattisgarh HC
“A person who is single marrying another whose marriage is subsisting is not liable under Section 494 IPC, but the person whose marriage is subsisting would be liable.”
SC confirms man’s conviction under S. 498A IPC and S. 4 of DP Act in 19-year-old dowry case; reduces sentence to time served in custody
The Court considered that the complainant-wife had re-married and settled abroad. However, directed for compensation of Rs. 3,00,000/- to the former wife in view of the harassment which she was subjected to.
Considering hospitalisation as pre-requisite to invoke S. 498-A IPC erodes purpose of provision; such narrow interpretation will render provision ineffective: Delhi HC
The husband’s contention that the present case is not a case where the wife is hospitalised due to cruelty or harassment committed upon her, is not only unmerited but also cross the threshold of having a mentality that in a serious Section 498-A IPC cases, the woman should have injuries and medical treatment record of a hospital.
‘Proceedings initiated with ulterior motive, used as weapon’; SC quashes proceedings against parents-in-law under S. 498-A of IPC
“Cruelty is not enough to constitute offence under S. 498-A IPC, it must be done with the intention to cause grave injury or drive victim to commit suicide or inflict grave injury to herself.”
SC discusses essential ingredients of S. 306 IPC while discharging husband & his family from charges of abetting wife’s suicide
“It is essential to establish that the death was a result of suicide and that the accused actively abetted its commission. This can involve instigating the victim or engaging in specific actions that facilitated the act. The prosecution must prove beyond doubt that the accused played a definitive role in the abetment. Without clear evidence of an active role in provoking or assisting the suicide, a conviction under Section 306 IPC cannot be sustained.”
Section 498A IPC protection is available to woman even in marriage with the ‘colour’ of legality: Kerala HC
Kerala High Court said that the marriage under the customary or personal law, which is otherwise valid, has to be treated as valid between parties to that marriage for all practical purposes, unless and until it is challenged by any of the parties to that marriage, and declared void on any valid grounds.
Paramour of an accused cannot be dragged into proceedings under Section 498A of IPC; Karnataka HC reiterates
The Court pointed out that a paramour of an accused cannot be dragged into proceedings under Section 498A of IPC as the said accused would not become a relative or a member of the family as is necessary under Section 498A of IPC.