15 Lakhs of Compensation was granted by a City Civil Court on a Compensation Suit, against a False rape case.
Santhosh alias Sathiyan Vs Priyanka and Ors on 23 Jan 2020Category: District or Sessions or Magistrate Court Judgment or Order or Notification
Vikas Sharma Vs Monica Parashar on 30 Sep 2016
Single Judge declared as follows with regards to the application of Sec 25(2) of PWDV Act 2005 and specifically, what does ‘change in circumstances’ mean.
Vikas Sharma Vs Monica Parashar on 30 Sep 201632. I find no force in the contention of the appellant that merely filing of application under section 25 (2) of the D. V. Act would amount to a change in the circumstances. The phrase “change in circumstances” would require that the circumstances on the basis of which any previous order was passed under this Act have undergone alteration, modification or have ceased to exist and warrant interference of the court. Hence, the contention of the appellant that merely filing an application under section 25(2) of the D. V. Act would amount to change in circumstances cannot be accepted. Moreover, if such arguments of the appellant is accepted then parties will take advantage of such interpretation and would intentionally stay away from court on a day when any order is to be passed so that after passing of the order, they would file the application under section 25(2) of the D. V. Act and would plead that mere filing of an application under section 25(2) of the D.V. Act is a change in the circumstances thereby warranting passing of orders under section 25(2) of the D. V. Act.
33. A perusal of the application under section 25(2) of the D. V. Act filed by the appellant before the trial court shows that in the said application, the appellant has nowhere mentioned that consequent to the passing of the order by which interim maintenance has been fixed, there has been any change in the circumstances which warranted filing the application under section 25(2) of the D. V. Act for modification of the previous order dated 10.04.2015.
State of Maharashtra Vs Rahul Ramchandra Khedkar on 18 May 2018
Smt. S.D. Javalgekar, Judicial Magistrate First Class (Court No.5) Sangli delivered this judgment.
Para 23,
State of Maharashtra Vs Rahul Ramchandra Khedkar on 18 May 201823. From the above discussion, it becomes clear that, the prosecution has failed to prove the allegations against the accused beyond reasonable doubts. Though in such offences special weightage should be given to the version of the complainant, it should also be corroborated by other supportive evidence. In absence of such evidence vague allegations of the complainant cannot be taken as true. There are many instances in society wherein females of mischievous nature spoil the family peace by making false allegations and by unnecessarily involving innocent persons in the offence. From the discussion above, I find no substance in the various allegations of the complainant. Hence, I hold that accused persons are innocent and not liable for the offences punishable under Section 498A, 323, 504 and 506 of the Indian Penal Code.
Citations:
Other Source links:
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State of Maharashtra Vs Rajesh Laxman Kedar on 10 September, 2018
A judgment from a magistrate from Dhule, in Maharastra. See the bullshitting of this judge,
From Para 13,
It is the defence of accused persons that there are contradictions and omissions in the evidence of witnesses. Whatever these witnesses have stated is on the information gathered from the informant. It is very natural considering the nature of the charge. In the circumstances, the evidence of the informant is pivotal and the evidence of relative witnesses which has corroborative value always revolves around her evidence. Hence, evidence of such relative witnesses cannot be discarded by branding them as hearsay. Aftermath I have no hesitation to conclude that there is reliable corroboration from these so called interested witnesses.
From Para 14,
Learned advocate for accused persons urged that no independent witness is examined by prosecution and the investigation officer is also not examined. The offence of cruelty generally occurs within the four boundaries of the house. Under these circumstances, non examination of any independent witness can certainly be spared.
Para 17 will give you vomiting,
In the case in hand, informant was ousted from her matrimonial house on 11-02-2009 and she has lodged complaint on 14-02-2009. But she has mentioned in her evidence that, after accused persons had ousted her, she went to railway station and waited their for whole night, in the morning, she went at her elder son’s school to meet him but as her husband and her mother-in-law had prevented her from meeting her son she came back at her parent’s house. Her matrimonial house is at Mumbai and her maternal house is at Dhule, she has lodged report against accused persons at Dhule City Police Station. In view of all the above explanation, in my opinion delay is satisfactorily explained by informant.
Never mind the jurisdiction. Supreme Court’s Yours truly has already destroyed the jurisdiction with weird illogic here.
From Para 18, more vomiting,
With due respect to Hon’ble High Court, in the present case in hand, the alleged ill-treatment was occurred to informant till year 2009 and witnesses deposed during the trial in year 2013 to 2017, it would be too pedantic to state the exact dates. Hence, in my opinion, non disclosure of such dates would not be that material in the peculiar circumstances of the case as witnesses have correctly mentioned all the incidents of physical and mental cruelty. As well as in respect of the earlier discussion, offences under Section 498A occurs within four corners of the house, hence it is not expected from any neighbour to narrate the ill treatment suffered by informant by her husband and in laws. . And if for the sake of argument we accept that, her neighbours knew about the ill treatment to her by her husband and in laws, but a prudent man can conclude that a neighbor will not come and give evidence against his neighbors for the lady who is not living with his neighbour from years together.
Here goes 212 CrPC down the drain… Ahh this is womenland…
From Para 19,
With due respect to Hon’ble High Court, the above mentioned case laws are not applicable to the case in hand. In present case, informant and her witnesses have specifically deposed about the physical and mental torture as well as unlawful demand of money by accused persons and furthermore her torture on non fulfilling the unlawful demands by accused persons with corroboration. Not a single witness has deposed contrary to prosecution story regarding it. Hence, it constrains me to believe the version of informant and her witnesses
More diarrhea in Para 20,
It is also the defence of accused persons that, she herself has left company of accused no.1. She has filed divorce petition in the Court. The informant also accepted the contention of divorce in her cross examination. But while considering the situation in the Indian culture, when a marriage was performed with zeal and enthusiasm and a bride had left her parental house, it would be difficult to believe that she would leave company of her husband without any reason. Even in todays so called modern society, thereturn of daughter from matrimonial house is treated as a stigma. Considering these general factors, whenever the allegations of cruelty is made, the conduct of the parties, motive intention and other circumstances of the case etc. always needs to be kept in mind because, what amounts of cruelty is nowhere defined. It needs to be waited considering the facts of each and every case differently. However, once the unlawful demands are proved, it materially strengthens the prosecution story. Merely by saying that the informant left company of her husband on her own would not give probability to the defence of husband. He has to offer some plausible explanation on this point. Moreover, when it has emerged on record that even after partying ways with accused no.1, the informant from last 9 years or so is still residing at her parental house. There appears no other reason for her to leave her matrimonial life only because she doesn’t want to cohabit with accused no.1. It is pertinent to note that her elder son was with accused persons and one daughter is with her at the time she left her matrimonial house. Having regard to the Indian culture again a mother cannot leave her son without any strong reason. Only filing petition for divorce in the court will not mean that she was not ill treated by accused persons. Therefore, in my view, additional onus lies on the shoulder of the husband who is accountable to certain extent when his wife leaves his company by contending alleged ill-treatment.
From Para 25, vomiting about 406 IPC (No entrustment, No list of jewelry, To whom, When)
It is pertinent to note that there is no bar of filing criminal case for embezzlement of her jewelery. It is the admitted position of law that the jewelery and ornaments wore by bride at the time if her marriage are her Stridhana. It is nowhere come on record that accused no.1 had returned the jewelery to informant during the pendency of this case. Hence, I came to the conclusion that prosecution has proved section 406 of Indian Penal Code, which accused no.1 cannot rebute.
And some liberal diarrhea gyan delivery from Para 30,
The incidents of cruelty to wives is increasing day by day all over the country. The greed of her husband and relatives is unending and due to this many women has to suffer a lot, many times the greed of her husband and in laws is satisfied at the cost of her life. It is necessary to eradicate such tendency of unlawful demand of money and cruelty to a married woman. Hence, deterrence is must to curb such tendency of society. Therefore, I am not inclined to extend the provision of Probation of Offenders Act, 1884 to him.
You can read the rest of junk below.
State of Maharashtra Vs Rajesh Laxman Kedar on 10 September, 2018
State (GNCT) of Delhi) Vs Babita on 10 April, 2013
Another braindead knife tried to rope in relatives that live far away from her matrimonial home at Delhi and rightly shown the door by Learned MM as well as the casual revision filed by State is gutted.
State (GNCT) of Delhi) Vs Babita on 10 April, 2013Frivolous litigations which eat into the judicial time have to be curbed and it is necessary for the Courts to impose a heavy costs on the Routine Litigation being filed by the State for wasting public time where other important judicial work can be taken care off. At this stage, the Ld. Public Prosecutor submits that due care would be taken in future by the Department so as to ensure the compliance of the directions of the Hon’ble High Court and hence it is on his persuasions that I am not imposing any cost in the present case.
Man Mohan Sharma Vs State of NCT of Delhi on 25 February, 2011
Knife came to court with baseless allegations and Dr Kamini Lau of Delhi District Court sent her packing.
it was revealed that at the time of the alleged incident dated 23.10.1998 as mentioned in Para 14 of the complaint, the revisionist Man Mohan Sharma was not in Delhi and was in fact posted at Mumbai being a government servant. This fact is also reflected from his service record certificate issued by the Commandant Director (Personnel) for Director General, Coast Guards, that the revisionist Man Mohan Sharma was posted at Mumbai in the Head Quarter, Coast Guard Region (West) as Deputy Regional Law Officer w.e.f. 31.10.1996 to 31.12.1998 and was thereafter posted at Port Blair in the Head Quarter, Coast Guard Region (A&N) as Deputy Law Officer w.e.f. 1.1.1999 to 15.8.2001. Though, at the time of filing of the chargesheet the said certificate showing the period and place of posting of the revisionist Man Mohan Sharma was not verified but now at this stage while hearing the revision petition, this court directed the investigating officer to confirm and verify the same and inform this court his place of posting in October, 1998. The investigating officer has got this aspect verified and has reported that as per the verification conducted from the Director (Personnel), Coast Guard Head Quarter, it stands confirmed that the accused Man Mohan Sharma was residing separately at Mumbai during the period 31.10.1996 to 31.12.1998 and at Port Blair thereafter till the year 2001. This being so, the incident dated 23.10.1998 as narrated by the complainant in her complaint does not stand confirmed.
In simple english, the above BOLD text is called as LIE.
And this is the last nail in the kunning knife’s coffin…
Lastly, I am compelled to observe that Section 498A IPC in the recent years has become consummate embodiment of gross human rights violation, extortion and corruption and even the Apex Court of our country had acknowledged this abuse and termed it as Legal Terrorism. The provisions of Section 498 A IPC are not a law to take revenge, seek recovery of dowry or to force a divorce but a penal provision to punish the wrong doers. The victims are often misguided into exaggerating the facts by adding those persons as accused who are un-connected with the harassment under a mistaken belief that by doing so they are making a strong case. Courts cannot be a party to any kind of exploitative situation and it is necessary for every complainant to remember that it is only an honest complaint which succeeds in law where contents are supported by facts on the ground and persons, who are not connected with the harassment, should never be arrayed as accused. The platform of the courts cannot be permitted to be used to wreck personal vendetta or unleash harassment and the tendency of the complainants to come out with inflated and exaggerated allegations by roping in each and every relation of the husband is required to be deprecated. The obligation of the court is to ensure that innocent persons are not put to harassment and to curtail the frivolous allegations at the earliest stage by looking for due corroboration from the facts.
(Ref.:- Savitri Devi Vs. Ramesh Chand & Ors., CRL (R) 462/2002 decided on 30.5.2003);
Criminal Appeal No. 339-41/05 dated 2.3.2010, Delhi High Court;
Arjun Ram Vs. State of Jharkhand & Anr., 2004 CLJ 2989;
Mukesh Rani Vs. State of Haryana, 2002 (1) RCR (Criminal) 163 and
Anu Gill Vs. State & Anr., 2001 (2) JCC (Delhi) 86.
One more para,
Man Mohan Sharma Vs State of NCT of Delhi on 25 February, 2011I may further add that in any matrimonial dispute, it is the primary duty of every court to ensure that for any fault of the husband, his other relatives including married sisters and brothers who may be living jointly or separately and the aged parents are not involved either out of vengeance or to curl out appropriate settlement.
State Vs Prem Kumar (Brother In Law) on 30 April, 2013
Dr Kamini Lau, has levied Rs.5,000 to be deducted from the salary of the officer of the Prosecution Department responsible for violating and ignoring the directions issued by the Delhi High Court. The Delhi Government PP had routinely approved to file a revision and got this treatment.
Excellent !!!
State Vs Prem Kumar (Brother In Law) on 30 April, 2013Mohini Jagtap Vs Rohit Jagtap and Ors on 21 August, 2018
This Trial court ordered to revoke interim maintenance order due to the fraud played on the court by the fraudster knife. Moreover, ordered that if “any maintenance amount paid by the respondent to the applicant be refunded to the respondent within two months from this order.”
And the largess of the Magistrate,
However, merely because the interim relief at Exh. 14 revoke, this shall not come in the way of the applicant filling a fresh application seeking for any interim relief on new ground.
The final highlight is
Mohini Jagtap Vs Rohit Jagtap and Ors on 21 August, 2018No Perjury proceedings are initiated suo moto.
Sonia Manchanda Vs Ashok Manchanda on 7 November 2016
https://indiankanoon.org/doc/155509051/
https://indiankanoon.org/doc/150911054/
Vidhya B.G Vs Yeshwanth Kumar on 15 September, 2018
The cunning knife’s appeal against interim maintenance dismissal is again dismissed by Session’s Court.
Vidhya B.G Vs Yeshwanth Kumar on 15 September, 2018This is based on the landmark judgment from Karnataka High Court here.