Indian Penal Code 1860 – Section 498-A – Essential ingredients: (a) The victim was a married lady (may also be a widow); (b) That she has been subjected to cruelty by her husband or relative(s) of her husband; (c) That such cruelty consisted of either (i) harassment with a view to coerce meeting a demand …
Indian Penal Code, 1860; Section 498A – Referred to Preeti Gupta v. State of Jharkhand 2010 Criminal Law Journal 4303 – We request the Legislature to look into the issue as highlighted above taking into consideration the pragmatic realities and consider making necessary changes in Sections 85 and 86 respectively of the Bharatiya Nyaya Sanhita, …
Achin Gupta vs State Of Haryana 2024 INSC 369 – S 498A IPC – S 482 CrPC Read More »
Indian Penal Code, 1860; Section 498A –Practice of state machinery being misused for ulterior motives and for causing harassment to the other side deprecated- Quashed FIR U/S 498A IPC and imposed costs of 5 Lakhs.
Indian Penal Code, 1860; Section 498A –The allegations against appellants, who are the husband’s relatives are general in nature, wherein it is stated that the appellants harassed her and demanded dowry. No specific allegation of ill treatment is made against any of the appellants -Apart from the general and bald allegations, there is not even …
Indian Penal Code, 1860; Section 498A – Code Of Criminal Procedure, 1973; Section 482- Vague,general and omnibus allegations against the family members/relatives implicating them in matrimonial disputes are an abuse of process of law- Referred to Geeta Mehrotra & Anr. vs. State of U.P. (2012) 10 SCC 741 and Kahkashan Kausar @ Sonam & Ors. …
Indian Penal Code, 1860; Section 498A – Neighbours of the family of the husband who are not relatives of the husband cannot be implicated in any offence punishable under Section 498A of the IPC – reference to the word “relative” in Section 498A, IPC would be limited only to the blood relations or the relations …