FIRST LAW

The Code of Criminal Procedure Code, 1973 - Section 482 - The Indian Penal Code, 1860 – Section 498A and 34 - Looking to the tendency of falsely implicating close relatives of husband by the complainant / wife in matrimonial cases, it becomes the duty of the Court to ascertain whether there is sufficient material available in the charge-sheet to prosecute the close relatives of the husband about which it prima facie appears that they have been arrayed subsequently just to take revenge without any cause.

Penal Code, 1860 – Sections 304B and 498A - To constitute an offence under Section 304B and Section 498A IPC, it not mere bickering which would amount to an offence but it should be harassment of such a nature that would drive a woman to commit suicide.

Criminal Procedure Code, 1973 - S. 482 - Penal Code, 1860 - Ss. 498A & 114 - Dowry Prohibition Act, 1961 - Ss. 3 & 4 - Quashing of FIR - C hoosing of forum - Petitioner  mother-in-law  is aged about 59 years -  She has to travel all the way from her native place in Andhra Pradesh to Davanagere to attend the case which causes her hardship and she is roped in the case to harass in that way   - Proceedings against the petitioner are nothing but the abuse of the process of the Court .

Indian Penal Code, 1860 - Section 498A - Directions pertaining to Family Welfare Committee and its constitution by the District Legal Services Authority and the power conferred on the Committee is impermissible.

The ingredients of Section 498­A IPC " Section ­498A: Husband or relative of husband of a woman subjecting her to cruelty. -   Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Penal Code, 1860 - S. 498A -  One or two stray instances of physical assault or verbal abuse will not be sufficient for a prosecution under Section 498A IPC.

Penal Code, 1860 - S.  498A -  Seeking financial help from wife -  demand of Rs.1,000 to secure a room on rent - Considering the Appellant's poor financial condition, such request for help cannot be termed as 'unlawful demand.'- There is no evidence to show that the deceased was illtreated because the amount of Rs.1,000/was not paid.

1. K. V. Prakash Babu Vs. State of Karnataka [22/11/2016]  Criminal Law - Cruelty - Conviction - Acquittal  Citations : AIR 2016 SC 5430 : 2016 (11) SCR 509 : 2017 (11) SCC 176 : 2016 (12) Scale 280

Indian Penal Code, 1860 - S. 498A - Husband or relative of husband of a woman subjecting her to cruelty -  Mere fact that the petitioner during the subsistence of marriage had contracted second marriage and started living with another woman by itself may not amount to cruelty for the purpose of offence punishable under Section 498-A IPC. Even though this act would constitute cruelty for the purpose of judicial separation or dissolution of marriage.

Indian Penal Code, 1860 - Ss. 498A & 302 -  Only if the element of cruelty as projected under Section 498A IPC is proved, the conviction against the accused will lie.  

Indian Penal Code, 1860 - Ss. 306 & 498A - D eath of Bride was caused by consuming rat poison -  State or/and Complainant accepted the jail sentence, which was awarded to the appellants by the Courts below -  appellant No.1-mother-in-law has undergone total jail sentence for a period of 9 months - she is now around 75 years of age -  appellant No. 1-mother-in-law is not required to undergo any more jail sentence -  So far as appellant No. 2-husband is concerned, his sentence is reduced from 5 years to 2 years -  the appeal stands allowed in part and the impugned judgment stands modified accordingly. IN THE SUPREME COURT OF INDIA  CRIMINAL APPELLATE JURISDICTION  [R.K. AGRAWAL] AND [ABHAY MANOHAR SAPRE] JJ. January 25, 2018 CRIMINAL APPEAL NO. 1224 OF 2008 Mst. Anusuiya @ Saraswatibai & Anr. ….Appellant(s) VERSUS State of Madhya Pradesh ….Respondent(s) J U D G M E N T Abhay Manohar Sapre, J....