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True Colors of a Vile Wife

Priya Vrat Singh & Ors Vs Shyam Ji Sahai on 5 August, 2008

Posted on July 18, 2018 by ShadesOfKnife

This is a quash judgment from Shri Dr.Arijit Pasayat J delivered based on the 7th category of cases, from Bhajan Lal case, that may be quashed is

(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

The said suit was decreed on 1.1.1993 ex parte in favour of appellant No.1. Time for filing appeal against the ex-parte decree dated 1.1.1993 under Section 28(4) of the Hindu Marriage Act, 1956 (in short the ‘Marriage Act’) expired on 31.1.1993.

 

In the complaint filed, the allegation is that the dowry torture was made some times in 1992. It has not been explained as to why for more than two years no action was taken. Further it appears that in the Complaint Petition apart from the husband, the mother of the husband, the subsequently married wife, husband’s mother’s sister, husband’s brother inlaw and Sunita’s father were impleaded as party. No role has been specifically ascribed to anybody except the husband and that too of a dowry demand in February, 1993 when the complaint was filed on 6.12.1994 i.e. nearly after 22 months.

Priya Vrat Singh & Ors Vs Shyam Ji Sahai on 5 August, 2008

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Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

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Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 482 – Criminal Proceeding Quashed Delay or Unexplained Delay In Filing Complaint Mala Fide Untenable Maliciously Instituted Case Solely Intended to Harass Priya Vrat Singh and Ors Vs Shyam Ji Sahai | Leave a comment

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